This agreement serves as a contract between guest(s) renting a vacation property, hereinafter “You”, “Your”, “Guest” and New Smyrna Stays LLC hereinafter “Agent”, “Us”, or “We” acting on behalf of the OWNER of the property you are renting, hereinafter “Property”. Please review the terms and conditions specific to your reservation. By making your down payment you acknowledge, agree to, and accept all rental terms and conditions of New Smyrna Stays LLC.
Check in is any time after 4:00 pm on your arrival date and check out is no later than 10:00 am on your departure date. Early arrivals and/or late departures must be confirmed in writing prior to check in and are ONLY allowable in the off season.
You will receive a paid in full confirmation email once your final payment is received. Check-in instructions will be sent at least 48 hours prior to arrival. Please check your junk mail!
- Deposit, Payment and Cancellation Guidelines
- A $500 Reservation Payment is required on all reservations payable by a credit card upon making your reservation. The balance of your reservation is due by check as follows;
- Payment on all reservations is due 60 days prior to your arrival date.
- On all reservations of 28 days or less, payment is due in full 60 days prior to your arrival date.
- On all reservations of over 28 days, payment for the first 4 weeks rent is due 60 days prior to your arrival date with remaining balance due upon arrival.
All Payment guidelines must be met in order to secure your reservation and avoid cancellation charges.
Cancellation Policy: Regardless of the method of payment, all cancellations incur a $500.00 cancellation fee. Any cancellations by you must be delivered via email at least sixty (60) days prior to your arrival date.
Cancellations received less than (60) days of your reservation will forfeit the total rental fee you owe. Once paid in full, there will beno refund in the event of a cancellation. We strongly recommend you purchase travel insurance (See Section 28). If there is a balance owed less than sixty (60) days prior to arrival, we reserve the right to charge the credit card on file for the
remaining balance. A 3% processing fee for any such charge will be added to the amount owed. If you do not receive a Cancellation Confirmation within 48 hours of notifying us, please call us immediately at 386.287.1746.
- Upon receipt of your payment your Reservation Confirmation will be emailed to you. Your check-in information and instructions on how to obtain keys or provide keyless entry code to your property will be emailed to you at least 48 hours prior to your arrival date. Check-In time is after 4 pm. Early check-in requests will not be granted during peak season.
Check-out is no later than 10:00 am on the day of departure. Your entire party must vacate the property and leave the keys on the kitchen counter and in lockbox (if applicable) by 10:00 am. Failure to check out on time will result in a $100 late fee. The property will be inspected and cleaned upon your departure and the cleaning fee has been included in your total rental fee.
- Lost Keys, Pool Tags, Etc.
Each Property and/or Property’s complex requires a different combination of keys, passes and electronic devices to access the property. If these items are lost during your stay, you will be charged as follows:
- Standard Key: $50 High Security Key: $250
- Pool Tags or Bracelets: $30
- Parking Pass: $75
- Remote/Key Fob/Access Card/ Amenity Key: $125
- Items will be charged immediately, as they need to be available for the next guest arrival.
- No Smoking
All of our properties, including private homes are non-smoking and tobacco free. If smoking, of any substance is apparent, you will be charged a $1000 fee and you and your party must vacate the property immediately.
- Pet Policy
We allow a maximum of two dogs in our designated Pet Friendly Properties. Pet Policy differs by each individual vacation property. The condominium associations where a particular property is located.
may also have limitations on a dog’s breed and weight. Pet eviction can occur if breed/weight restrictions are not met along with any aggressive behavior by an accepted breed.
For stays shorter than 4 weeks, there is a non-refundable $150 (per dog) fee to cover additional carpet and upholstery cleaning. For stays of 28 days or longer there is a non-refundable $250 per month, per dog, pet fee.
Every dog must be disclosed to us prior to your arrival. Approval of the weight and breed of your dog will be at the discretion of New Smyrna Stays LLC. If you arrive with an unapproved pet, you will be charged a $500 pet fee. If a dog is brought to a property that is not pet friendly, an immediate eviction will result with no refund.
We hereby reserve the right to decline any dog for any reason at our sole discretion. If any dog is deemed to be threat or nuisance, in our sole discretion, we reserve the right to evict the pet and/or you and your party at any time.
All dogs must be spayed or neutered.
- A non-refundable administration fee of $79.00 will be added to each reservation. A fee of $35.00 will be charged for any/all returned checks.
- Damage Waiver
Most guests opt to purchase a nonrefundable Damage Waiver in lieu of a Security Deposit. In the case of a Damage Waiver being in place, if you or someone in your party accidently, (defined as an unexpected and/or unintended event that causes property damage) damage any real or personal property, or portion of Property, the damage waiver reimburses the Owner or us, as the case may be, for up to $1,000.00. Intentional damages and those caused by negligence are not covered under the Damage Waiver. Any accidental damage over
$1,000.00 is the responsibility of the guest and the guest agrees that any amounts over
$1,000.00 will be charged to their credit card.
The expectation is that you treat the property and all of its contents as if it were your own. Any damages must be reported BEFORE your departure otherwise the damage waiver is void at departure.
If you leave the property in poor condition, we reserve the right to charge your credit card for any additional cleaning necessary. Documentation will be sent to the email on file.
- Change of Date or Property
Any request for a change of dates or transfer to a different property must be submitted by email at least sixty days prior to arrival and any changes are subject to a $250 transfer fee. Requests to change property will not be granted after the reservation is paid in full or is inside 60 days prior to arrival and requests are not guaranteed.
If any owner of the property managed by us elect to no longer rent their property for any reason, you will be relocated to a comparable property. If a comparable property is not available, you will receive a full refund.
Any reservation obtained under false pretense will be subject to forfeiture of advance payment, deposit and/or rental money, and the party will not be permitted to check-in. If a renter is evicted whether by us, the Condominium Association, another property manager, owner, or law enforcement, you will not receive a refund of any funds.
-PROPERTIES ARE PRIVATELY OWNED – The properties managed by the Agent are privately owned and reflect the needs and tastes of the Owners. The conditions of the property, as well as the furnishings, will vary according to the Owner’s desires. Every effort has been made to assure that the descriptions of the properties are correct; however, we cannot be responsible for changes made by the Owner to the furnishings or equipment in the units. There will be no refunds due to the property not being decorated or accommodated to Tenant’s individual preference or due to minor discrepancies with the website.
- Lockout Service
After entering the Property, return the key to the lockbox (if applicable). We do not offer emergency lockout services. If you do get locked out during business hours, we can arrange for a vendor to come out, but there is a charge for this service for which you will be responsible. ($100). If the lockout is after hours a locksmith needs to be called to the Property and the charges will be owed by the guest and paid directly to the locksmith.
- Property Equipment
EQUIPMENT FAILURE, HOUSEKEEPING, AND OTHER UNPREDICTABLE INCONVENIENCES – All equipment in the property should be in working order. Please immediately report any equipment problems to the office. Every effort will be made to rectify the problem, but we cannot refund money due to mechanical failure. Please be patient if you encounter any inconveniences. We will be as responsive as possible and will do our best to rectify those things that are within our control, but please understand that often times we are dependent on utility providers or outside vendors where scheduling is outside our control. Examples of such inconveniences include but not limited to: breakdown of electronics; utility outages; hot tubs or private/community pools; appliances; cleaning deficiencies; nearby construction; spiders, flies, ladybugs, palmetto bugs, no-see-ums or other insects inside the house; bad weather, road closures and hazardous road conditions. We will do our best to ensure that the property is properly cleaned and sanitized prior to your arrival. If you are not satisfied with the housekeeping upon arrival, please notify our office immediately. If the office is closed, we will promptly respond the following morning. We will send a housekeeper as quickly as possible. Refunds will not be granted for housekeeping deficiencies, but every reasonable effort will be made to accommodate your needs.
- Maximum Occupancy
Maximum occupancy for homes and condos is advertised per property and bedding capacity must be strictly observed on all leased properties to avoid grounds for eviction and to protect the integrity of each property. Evidence of unauthorized or excessive guests will result in additional charges ($500) to the credit card on file and possibly eviction. Authorization to allow extra people for gatherings or other short-term events must be obtained in writing. None of our properties allow events such as weddings, graduations parties, etc.
- Rental Restrictions
RESPONSIBLE PARTY – The person in whose name the property is reserved will be held responsible for all occupants complying with rental policies, procedures, and restrictions. Aside from normal wear and tear, the responsible party will be responsible to reimburse the Owner for any damages to the property or its contents during your vacation residency. The responsible party must be at least twenty-five (25) years of age, representing a responsible family group and is required to occupy the property for the duration of the leased time period. At no time are HIGH SCHOOL or COLLEGE GROUPS allowed, regardless of age. Any group whose behavior causes a disruption in the peaceful enjoyment of neighboring properties will be subject to immediate eviction without refund. Tenant understands subletting this lease is prohibited. NO FIREARMS, EXPLOSIVES OR FIREWORKS ARE PERMITTED ON ANY LEASED PROPERTY. By signing or making payment, you accept all terms and conditions as outlined.
- Doors, Windows, and Air Conditioning
Because of the salt content of the air here being one of the highest in the world, using the doors and/or windows for open ventilation is prohibited. The salt air saturates and damages everything inside the property. No windows or doors can be left open for any period of time. Thank you for helping maintain the integrity of each vacation home.
Please do not set the thermostat below 74 degrees during the day and 72 degrees in the evening. AC coils are subject to freeze in most cases and the system will be inoperable. You will be responsible for repairs if thermostat is set below 74 degrees during the day and 72 degrees at night or if the coils freeze.
- Trash Removal
For properties with curbside trash pickup, please place trash in the appropriate bins and take to the curb. After the trash has been picked up, please put the bins back to their location. The trash pickup information can be found in your check-in documents. A $50 fee will be charged to your credit card if more than 2 bags of trash remain after departure.
- Additional Provisions
We, or any agent representing us, may enter Property at any time in the event of emergency. In all other cases, we will use our best efforts to give 24-hour notice for normal maintenance or inspections needed for sale of the property. Some condominium complexes require pool passes to be issued to renters. If this is the case the passes will be left within property on the counter with the keys (if applicable). The individual condominium association rules will be available online or can be obtained by emailing us.
- Parking
All parking is at your own risk and is usually first come, first serve and cannot be guaranteed. Some of our condominium complexes require parking passes to be issued to owners and guests. This information will be noted in your check in information sent to you at least 48 hours prior to your arrival. If a parking pass is needed and the condominium complex office is closed upon your arrival, you MUST secure a pass the next time the office is open. Failure to adhere to posted parking restrictions may result in your vehicle being towed at your sole expense.
- Boat, Motorcycle and Trailer Parking
Boat, motorcycle and trailer parking cannot be guaranteed. Each individual condominium complex sets their own rules and regulations, and each complex can change rules and regulations without notification to us. Please ask before bringing any such item.
- Your Rights as a Tenant
As a Tenant under Florida Law, you have the right to occupy the Property and use all of the amenities in the community or condominium complex subject to the rules and regulations of the community or condominium complex. This means all members of your party have the right to use all amenities entitled to be used by owner in community or condominium complex. No lease can be restricted based on race, creed, religion, color or familial status per Federal Law.
- Condominium Complex Office
Please do not contact the condominium office should a problem arise with your rental. Any matter that needs immediate attention should be reported to New Smyrna Stays LLC at 386.287.174.
- Laundry
Upon check-out your cleaning fee covers one load of linens per bedroom/bathroom. Ex: A two-bedroom property can have 2 loads of bed/bath linens left to be cleaned. Additional loads will be charged to you at $25 per load. All beach towels MUST be washed.
- Turtle Season
Effective May 1 through October 31 each year there are special lighting restrictions in place for the safety of hatching turtles. From sunset to sunrise no light source or reflective surface can be visible to a person standing on the beach. Full details will be included in your check-in document or can be found at www.volusiaseaturtles.org.
Failure to comply with these restrictions can result in up to a $500 fine per occurrence. You will be responsible for payment to the appropriate local government authority issuing the citation.
- Community Rules and Regulations
Each community and condominium complex possesses a set of rules and regulations for its owners, visitors, and guests. A copy of the rules and regulations for your particular property are provided in your check-in information and are included in this agreement. By this reference you and all members of your party including any visitors, acknowledge and agree to abide by these rules and regulations. Violating these rules and regulations may result in fines. Any fine incurred due to the action or inaction of you or any of your guests or visitors will be your responsibility.
- Hurricane Policy and Travel Protection Insurance
New Smyrna Stays will not offer refunds or reschedule trips due to hurricane activity. If you are concerned about interruption, cancellation or delayed travel due to such l occurrences, you are strongly encouraged to purchase trip insurance. Trip insurance is 6.95% of your reservation total and offers a comprehensive cancellation and interruptions policy which can protect you from weather-related storms and unforeseen emergencies as well. Hurricane season is June 1st- November 30th. Travel insurance is highly recommended, especially during hurricane season.
Disclaimer
The Renter shall not do or permit any act or thing to be done upon the rental premises which may subject Owner to any liability or responsibility for injury, damages to persons or property or to any liability by reason of any violation of any laws, rules, ordinances, regulations, statutes, requirements, restrictions and codes affecting the rental premises or any portion thereof or affecting the maintenance, use or occupation of the rental premises or any portion thereof. The Renter shall exercise such control over the rental premises as to fully protect Landlord against any such liability. The Renter shall indemnify and save the Indemnities harmless from and against(i) all claims of whatever nature against the Indemnities arising from any act, omission or negligence of the Renter, its contractors, licensees, agents, servants, employees, invitees or visitors; (ii) all claims against the Indemnities arising from any accident, injury or damage whatsoever caused to any person or to the property of any person and occurring during the term in or about the rental premises; (iii) all claims against the Indemnities arising from any accident, injury or damage occurring outside of the rental premises but anywhere within or about the real property of which the rental premises is a part, where such accident, injury or damage results or is claimed to have resulted from an act, omission or negligence of the Renter or Renter’s contractors, licensees, agents, servants, employees, invitees or visitors; and (iv) any breach, violation or non- performance of any covenant, condition or agreement in this lease agreement set forth and contained on the part of the Renter to be fulfilled, kept, observed and performed. This indemnity and hold harmless agreement shall include indemnity from and against any and all liability, fines, suits, demands, costs and expenses of any kind or nature (including, without limitation, reasonable attorneys’ fees and disbursements) incurred in or in connection with any such claim or proceeding brought thereon, and the defense thereof but except with respect to claims with respect to bodily injury or death, shall be limited to the extent any insurance proceeds collectible by Landlord under policies owned by Owner or such injured party with respect to such damage or injury are insufficient to satisfy same. “Indemnities” means Owner, New Smyrna Stays LLC, their respective members and managers, and their respective successors, assigns, employees, agents and contractors.