Terms of the Agreement
1. The Licensor shall have the right to inspect the premises without prior notice at any time to enforce the terms of this license agreement. Maximum Occupancy which includes all children and babies is limited to 7 {{Sleeps}} or less without exception for this home and is strictly enforced.
2. Parking is limited to a maximum of TWO vehicles including your visitors at all times.
3.The Licensee [Guests] hereby acknowledge the absolute rights of the Licensor with regard to enforcing the terms of this agreement as well as termination for failure to comply.
4.Should the Licensee [Guests] violate any of the terms of this agreement, the rental period may be terminated immediately by the Licensor without notice. 5. The Licensee [Guests] waives all rights to process if they fail to vacate the premises upon termination of the rental period.
6.At the expiration date of this rental the Licensee [Guests] shall vacate the premises without further notice from Licensor.
7.Licensee acknowledges that Licensor does not intend or agree to rent to student or college “house parties”. The responsible party must be 26 years or older. Any misrepresentation of this requirement shall be sufficient to immediately terminate this agreement along with any and all rights of the Licensee [Guests] to remain on the property.
8. The Licensee [Guests] shall have no more than {{14 Sleeps}} persons residing or sleeping on the premises at any time as stipulated above.
9. Licensor may charge a pro RATE amount of gross rental cost for any additional approved persons occupying the villa in excess of the stated number of persons represented in this agreement.
10.Unless the premises have been deemed “pet friendly,” and approval has been obtained by the property management group prior to arrival, no animals or pets of any kind, with the exception of properly documented service animals, may be brought onto the premises. If an unauthorized animal is found on the premises, the Licensee [Guests] may be subject to an immediate charge of $300.00 per pet for extra cleaning and potential loss of future rentals.
10.Licensee acknowledges this stipulation in this agreement and hereby authorizes the charge of $300.00 without further notice per violation. Prior to arrival, premises that are deemed “pet friendly” will require a pet addendum to be signed by the responsible party, and a pet fee of $250 will be included on the invoice at the time of booking. Interim cleaning fees for long-term guests with pets may also apply.
11. Emergency medical and police service can be called by dialing 911.
12.The Licensee [Guests] shall maintain the premises in a good, clean, and ready to rent condition, and use the premises only in a careful and lawful manner.
13.On the departure date, the Licensee [Guests] shall leave the premises in a “ready to rent” condition at the expiration of the license agreement, defined by the Licensor as being immediately habitable by the next Licensee [Guests]. Please note that Licensee [Guests] may be subject to any excessive cleaning fees, late departure fees and/or early check-in fees for failure to comply with the terms of this agreement as well as the departure cleaning requirements. 14.On departure, all consumables of the Licensee [guest] stored in cabinets & refrigerator shall be removed from the premises. Bed linens shall be stripped from beds and stacked in a central location. If applicable to the property, Licensee is required to properly clean the outdoor grill (70 DOLLARS CHARGE IF THE GRILL IS NOT CLEANED AFTER USE) if used and report a gas tank switch to the owner at the time of such switch.
15.All outside furniture and the grill cover should be returned to its original location on departure. The swimming pool may require the addition of water to bring it up to a satisfactory level [mid-tile] to ensure that pumps are not damaged by low water flow [air in pipes]. If adding water, please make certain all water is turned off prior to departure. All equipment used to include beach chairs, bicycles and kayaks must be rinsed off and returned to their original storage location.
16. The Licensee [Guests] shall dispose of all waste material generated during the rental period in a lawful manner and place all trash each week at the street curb during their stay for trash pickup [please refer to your guest handbook for trash schedule].
17. Garbage is picked up in the early morning typically in most villas on Wednesday so Licensee [Guest] is requested to put trash out on Tuesday by 6:00 PM. Please insure all trash is properly bagged to avoid unwanted pests. 18. Failure to properly dispose of trash at the stated garbage pickup time may cause an extra trash collection along with a collection fee to be charged to Licensee [Guest] for failure to place the trash at the curbside on Tuesday evening.
18.Please recycle Blue bin – glass, plastic; Red bin – paper, cardboard.
19. The Licensee [Guests] shall behave in a civilized manner and shall be good neighbours respecting the rights of the surrounding property owners.
20. The Licensee [Guests] shall not create noise [loud speaker] or disturbances likely to disturb or annoy the surrounding property owners.
21. All parties and celebrations involving additional visitors to the villa must be pre-approved by the Licensor. Creating a disturbance of the above shall be grounds for immediate termination of this agreement and Licensee [Guests] shall be required to immediately vacate the premises.
22. Quiet hour starts at 9:00 PM and pool area/ outdoor noise should always be kept to a minimum.
23. Oasis on the key is designated NON-SMOKING. As such SMOKING is prohibited either inside the premises or near the premises to include open doorways, lanais or windows that may under any circumstances allow smoke to enter the premises.
24. Smoking is a serious offence in this agreement and shall be dealt with severely to include both immediate termination of the agreement and all associated costs to correct the effects of smoking.
25. Smoking is only permitted well outside the home or in designated areas of condominium buildings, and Licensee is responsible to ensure that no smoke whatsoever enters the residence, covered areas of the residence or outside furnishings.
26. All cigarette butts must be disposed of in the appropriate waste receptacle outside of the homes. Any smoking inside or in areas not designated as smoking or any evidence of such shall be subject to an immediate charge of $500.00 for extra cleaning and potential loss of future rentals.
27. (Guest) hereby acknowledges and agrees to abide by this no-smoking stipulation. By executing this agreement, Licensee hereby authorizes the immediate charge of $500.00 for any violation of this term of this agreement by the Licensee or any member/guest in Licensee’s [Guest’s] party.
28.SMOKING is a serious violation of this agreement and will be dealt with in the most severe manner given its negative impact on the home and comfort of future guests. If smoking or the presence of smoke is discovered by Licensor, Licensee hereby acknowledges that he [she] shall also be financially responsible for any loss or discount of future rental revenue due to the impact of such smoke.
29. Licensor shall provide towels, linens, cups, knives, forks, spoons, dishes, and other items as commonly used by the Licensor’s family. Licensee [Guest] shall, soap, dish detergent, laundry soap, shampoos, and other consumables. No reimbursement will be made for unused consumables left at the premises. If consumables exist at the premises when the Licensee [Guest] arrives, the Licensee [Guest] may consider them available for use.
30. Licensee [Guests] expressly acknowledges and agrees that this Agreement is for transient occupancy of the Property and that Licensee [Guests] do not intend to make the property a residence or household.
31. We occasionally experience outages that are beyond our control. We report outages as each occurs. No refunds or compensation will be given for any such outages to include internet, wi-fi and/or television cable. We have no control of the activities of abutting properties regarding renovations, repairs or maintenance of their property and assume no responsibility for such. We do make every effort to insure Licensee’s [Guest] enjoyment.
32. There shall be no refunds of rents due to shortened stays or ruined expectations because of weather conditions, or work and family emergencies or any other commitments unless approved and agreed by the Licensor in writing.
33.In the event of the departure of the responsible and originating Licensee, any named member included in the original Licensee’s named party list may continue the stay and shall be entitled to any extension nights [if available] under the terms and conditions of the original license agreement.
34. If the Licensee or named members of Licensee’s original party request extended stays or arrivals [if additional nights are available] cost per night shall be based on daily cost calculations.
35. It is the Licensee’s [Guests] responsibility to learn about safety precautions, warning signs of water conditions, and safety procedures concerning using or being in the pool and/or spa and around the dock and canal areas if applicable].
36.Licensee [Guest] agrees to have a responsible adult supervising minors and guests at all times when using any home features to include the pool and/or spa, waterside features or any equipment provided with the home.
37.Licensee [Guest] is hereby notified that the pool and/or spa can be dangerous and Licensee [Guest] accepts fully the risks involved. Licensee acknowledges his [her] responsibility to insure all minors are supervised at all times, no diving is allowed in spa or pools, no running or rough housing around any outside water feature, no glassware or bottles in outside pool areas.
38. Licensee [Guest] is further notified to be cautious when exiting the rear of the home as the pool, spa, deck areas and water access areas [if applicable] are open and in close proximity to the water and/or entry ways and can be considered a hazard.
39.The Licensor installs “high” locks on pool or water feature access doors as an additional precaution and safety feature for the protection of small children. Licensee agrees to ensure that safety locks remain clasped when small children or minors are included in the guest party.
40.There are no rails to prevent a fall into the pool, spa and/or canal areas [if applicable]. Licensee [Guest] acknowledges the hazards of such open areas and accepts full responsibility for the well-being of members of his party.
41. Licensee agrees to preview and accept full responsibility for use of the premises, features and amenities at the time of initial check-In and acknowledges approval and acceptance of such by Licensee’s willingness to remain on the property.
42. It is the Licensee [Guest]’s responsibility to learn about safety precautions regarding the safe use of any features or equipment to include [if available] beach chairs, buggys and the use of bicycles on public roadways.
43. The Licensee [Guests] shall hereby indemnify and hold harmless the Licensor and Property Owner against any and all claims by members or guests of Licensee’s party for personal injury or bodily harm; property damage or any loss arising from the use of the premises and its amenities, equipment and features regardless of the nature of the accident, injury or loss including but not limited to losses CAUSED BY THE NEGLIGENCE OF THE RELEASED PARTIES. Licensee hereby RELEASES AND DISCHARGES the Property Owner, the Licensor - The Cottages on the Key, Inc. together with its owners, officers, directors, employees, sub-contractors and agents from any and all liability, claims, demands or causes of action that Licensee and/or any member or guest of Licensee’s party may hereafter have for injuries/damages arising out of use of the premises, facilities, features, amenities and equipment.
44. Licensee [Guests] expressly recognize that any insurance for property damage or loss which the Licensor and property owner may maintain on the property does not cover the personal property of Licensee [Guests], and that Licensee [Guests] should purchase their own insurance for Licensee [Guests] if such coverage is desired. Licensee [Guests] agrees to pay all reasonable costs, attorney's fees and expenses that shall be made or incurred by Licensor enforcing this provision of this agreement or any other applicable parts of this agreement.
45. Licensee [Guest] agrees that Fireworks and other hazardous materials are prohibited and shall not be used in or around the property.
46. Licensee [Guest] shall use the property for legal purposes only; and any other use, such as but not limited to, illegal drug use, abuse of any person, harboring fugitives, etc., shall cause termination of this agreement with no refund of rents or deposits.
47. Licensee [Guest] is advised that the property may contain a gas grill, gas pool heater and other gas-powered items and will seek help from Licensor if the proper operation of such items is not fully understood. Any gas grills, ranges must be cleaned after each use. A failure to clean a gas grill after use may be deemed excessive cleaning by the Licensor (70 dollars) and may be subject to extra cost under the deposit refund policies.
48. The property has a fire extinguisher installed near the kitchen area. The fire extinguisher was fully charged at the last inspection. It is the duty of the Licensee [Guest] to inform the Licensor immediately should the fire extinguisher become less than fully charged. Licensee [Guest] agrees to use the fire extinguisher only for true emergencies.
49. The property has fire alarms installed and they are believed to function properly at the time of rental. Licensee [Guest] will notify Licensor without delay if a fire alarm “chirps” or has a low battery condition. Licensee [Guest] is advised that there is no carbon monoxide detector on the property and accepts the risk involved in not having one.
50. Licensee [Guest] shall see to their own security while in the property by properly locking doors, windows, garage doors, etc. when it’s prudent to do so. Licensee agrees to re-clasp all access doors to pool and canal areas when adults are unavailable to supervise guests or minors. Licensee is responsible to protect the Owner’s equipment from theft while using bicycles, kayaks and other equipment. Licensor shall have no liability for the loss of any unsecured items or property of the Licensee.
51. Valuable items left behind by Licensee [Guest] will be held for the Licensee [Guest] and every reasonable effort will be made to contact the Licensee [Guest] for return. If items are not claimed within 2 months of departure, they shall become the property of the Licensor [Owner] to dispose of as he sees fit. The Licensor [Owner] shall not be held liable for the condition of said items.
52. Cable TV and Internet service is provided, and service level has been chosen by the Licensor and property owner. HVAC, Plumbing and Electrical problems are subject to third-party repair scheduling outside of the control of the Licensor. No refund of rents shall be given for outages, content, lack of content or personal preferences with regard to cable TV service. On notice from Guest, Licensor will make every reasonable attempt to resolve the problem within a 24-hour period; however, Licensee [Guest] hereby acknowledges that Licensor has no control over repair scheduling done by unaffiliated companies.
53. High-speed wireless internet is provided as a convenience only and is not integral to the license agreement. No refund of rents shall be given for outages, content, lack of content, speed, access problems, lack of knowledge of use, or personal preferences with regard to internet service. Licensee [Guest] is made aware that the network name and password shall be included in the “Entry Instructions” which shall be provided to Licensee approximately prior to arrival.
Addendum.
1. Automobiles – All homes are limited to a maximum of TWO cars inclusive of any visiting guests during your stay.
2. Quiet Hours – All outdoor activities become especially sensitive during the hours from 9:00 PM until 9:00AM. We ask that you insure peace and quiet in any outdoor activities during that time and that pool use be discontinued during those hours. We adopt a no noise policy during these periods.
3. Parties / Dinner / Lunches – Due to the sensitive nature of these homes and neighborhoods, no family gatherings are allowed for visiting guests nor are more occupants or vehicles including visitors in excess of the approved, allow
ACKNOWLEDGMENT AND CONSENT TO ACCESS
Guest hereby acknowledges and agrees that the subject property, as well as any associated common areas, facilities, and surrounding grounds, are subject to ongoing, routine, and urgent property maintenance, repairs, improvements, landscaping services (including lawn care, tree trimming, and outdoor groundskeeping), and specialized or intensive operational tasks (collectively, "Maintenance Operations").
Guest expressly consents to access by the Host, property management personnel, independent contractors, landscaping crews, utility providers, municipal workers, and authorized commercial service technicians (collectively, "Authorized Personnel") to the interior and exterior of the property, as well as common spaces, for the purpose of executing such Maintenance Operations.
Guest expressly waives any claims, disputes, grievances, or legal actions against the Host, property owners, and managers arising out of, or relating to
The presence, scheduling, or execution of standard, intensive, or groundskeeping maintenance jobs.
The subjective perception, personal opinion, or aesthetic judgment of the Guest regarding the appearance, conduct, or execution of duties by Authorized Personnel.
Temporary disruptions, noise (including power tools or landscaping equipment), dust, aesthetic alterations, or restricted access to amenities resulting from ongoing maintenance work.
PROHIBITION OF LEASE CANCELLATION BASED ON WORKER PRESENCE
Guest agrees that the presence, activities, or routine appearance of Authorized Personnel performing scheduled, emergency, or landscaping work shall not under any circumstances constitute a constructive eviction, a breach of the warranty of habitability, or a valid safety justification for early termination of the lease, rental agreement, or booking contract.
Any attempt by the Guest to vacate the property, withhold funds, or cancel the agreement based on subjective discomfort regarding the lawful presence of maintenance workers or groundskeeping crews shall be deemed a material default of the underlying rental agreement, rendering the Guest fully liable for all remaining financial obligations.
