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Rental Agreement 2018

NORTH CAPTIVA ISLAND CLUB RENTAL CONTRACT

TERMS AND CONDITIONS OF RENTAL: North Captiva Island Club, hereinafter referred to as NCIC or Club, has established a public lodging operation for short-term resort rentals under Chapter 509 of the Florida Statutes. NCIC only rents properties to persons 25 years of age or older. Any guest under the age of 25 years old must be accompanied by a parent/guardian. Reservations obtained under false pretenses will cause forfeiture of all payments and guests will be asked to vacate the rental property immediately.

ACCEPTANCE: The Guest agrees that payment of the rental deposit sum to the Club will signify their full acceptance of these Terms and Conditions of Rental. The Guest further acknowledges that by payment of the final rental sum, the Guest has received copies of, and/or read and accepted these Terms and Conditions of Rental.

VACATION RENTAL DAMAGE INSURANCE: This Vacation Rental Damage plan covers unintentional damages to the rental unit interior that occur during your stay, provided they are disclosed to management prior to check-out. The policy will pay a maximum benefit of $3000. Any damages that exceed $3000 will be charged to the credit card on file. If, during your stay at one of our Rental Properties, an Insured Person causes any damage to real or personal property of the unit as a result of inadvertent acts or omissions, the Insurer will reimburse the Insured for the cost of repair or replacement of such property up to a maximum benefit of $3000. Certain terms and conditions apply. Full details of the Vacation Rental Damage coverage are contained in the Certificate of Insurance or Insurance Policy (www.vacationrentalinsurance.com/G10VRD). The Vacation Rental Damage can be purchased up to, and including at, check-in. By submitting payment for this plan, you authorize and request CSA Travel Protection and Insurance Services to pay directly North Captiva Island Club any amount payable under the terms and conditions of the Vacation Rental Damage. Please contact North Captiva Island Club directly if you do not wish to participate in this plan or assignment.

DAMAGES: The Guest agrees that they shall be held liable for any damage caused from their use of the rental property and any items assigned to their use. If Rental Damage Insurance coverage is declined, the guest must remit a $1000 security deposit to be paid by check (at least 14 days in advance) or cash before time of check in. This deposit will be refunded 30 days after departure less any discovered damage to the home or golf cart.

CREDIT CARD AUTHORIZATION: The Guest agrees to submit a credit card authorization upon check-in for incidental charges they may incur.

GOLF CART: If a golf cart is included in the rental of the property, the Guest shall be wholly responsible for the return of the golf cart in its original condition at the time of receivership which is normally the arrival date. The only exception for the condition of the golf cart at the time of return to the Club is normal wear from the operation of the golf cart. The determination of what constitutes normal wear on the golf cart is at the discretion of the Club.

The Guest agrees that NCIC can charge additional fees to cover:

  • Early arrival or late departure

  • Non-return of keys or key cards

  • Loss or breakage of furnishings in the property

  • Damage to the property or its equipment

  • Cleaning of exceptionally dirty properties

  • Damage to Club facilities and equipment

    Where loss or damage to the property, the furnishings, or equipment occurs during the Guest’s stay, the Club will bill the Guest for the shortfall, and the Guest agrees to pay immediately. In the event that the Guest fails to pay any such shortfall, the Club reserves the right to exercise any legal remedies to pursue the amount owed from the Guest.

    OCCUPANCY: Occupancy is restricted to the stated limit for each property. The Guest may not over-occupy the property. The Guest agrees to register all people in his or her party in advance and further agrees that he or she will be in default of this agreement if there are more people in the accommodation than the accommodations will allow. Violations to the stated occupancy will result in eviction from the property without refund of rent or deposit.

    PETS: Pets are not allowed in the properties without prior written authorization from the Club. If a pet or evidence of a pet is found on the premises, Guests will be subject to immediate eviction from the property and forfeiture of rent and deposit.

    DEPOSITS AND PAYMENT: Upon making the reservation and executing this rental agreement, Guest will be responsible for the deposit due in accordance to this rental agreement. The balance of the rental payment shall be due 60 days prior to arrival. Included in the packaged rate quoted on the confirmation letter, shall be the cleaning charge, Guest fee, linen charge, and cart fee. These charges may change depending on the amount of people in the Guest's party or the number of days stayed. A $500.00 credit card authorization will be required upon check in for incidental charges. If incidental charges are discovered after check out, these charges shall be applied to the credit card on file. When final payment is due, your credit card on file will be charged for the balance due. Execution of this agreement shall be considered consent for us to charge the balance due upon the due date if 1 Payment has not already been received. After payment has been made, if you request we transfer your payment to another credit card, there will be a 3% transfer fee for the payment amount.

    CHECK IN: Check in to the Property begins at 4:00 pm on the date of arrival. At the discretion of the Club, any Guest arriving before that time may be refused. At the time of check in, the Guest agrees to complete the House Registration Form and return the signed form

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NORTH CAPTIVA ISLAND CLUB RENTAL CONTRACT

to the front office within one working day. Failure to return the House Registration Form will be deemed confirmation that the Guest accepts the property as found, and accepts responsibility for all damages or loss found at the property on departure of the Guest.

CHECK OUT: Check out is at 10:00am on the date of departure. All keys and keycards must be returned to the front office by the time of check out. In the event that the Guest has not vacated the property on the date of departure, at the due time, the Guest will pay a penalty charge of one days rent, unless the Guest has prior approval from the Club for a late check out. It is at the discretion of the Club to grant a late check out.

CANCELLATIONS / EARLY CHECKOUT/ DATE CHANGES OR UNIT CHANGES: All rentals require at minimum a 60-day notice of cancellation or date change. Failure to give at least a 60-day notice for cancellation or date change of this rental may result in forfeiture of your deposit.

There will be a $47.00 cancellation penalty or 3% of the gross rental amount charged (whichever is greater) for all reservations cancelled outside of the deposit forfeiture period as stated above. No refunds for early departure.

Reimbursement for hurricanes will only be given under mandatory evacuation ordered by county officials. Date changes (excluding adding days to your stay) or Unit changes must be received 60 days prior to the arrival for your deposit to be transferred. If less than 60 days notice is given, the deposit will be forfeited. For clarification, your deposit is all funds received prior to notice, paid within accordance of this rental agreement. Cancellations must be in writing and faxed to us at 239-236-1901 or emailed to This email address is being protected from spambots. You need JavaScript enabled to view it..

VACATION PROTECTION PLAN: North Captiva Island Club does offer optional trip cancellation insurance, which protects guests from unforeseen circumstances that may cause a cancellation or early departure. Trip insurance must be purchased at the time of confirming the reservation for pre-existing factors. Please ask our office for a brochure if you did not receive one.

GOLF CART USE/ABUSE: If there is a golf cart included in the rental, drivers must have a valid driver’s license. Guests must not abuse the golf cart. If the Club discovers the Guests abusing the golf cart, the Club reserves the right to take the cart away from the Guest without a refund. The determination of what constitutes abuse is at the discretion of the Club.

HOUSE PARTIES: NCIC does not allow house parties in any rental property. Guests are not allowed to organize graduations, proms, gatherings, reunions, weddings, receptions or any other function similar in nature.

NOISE: The island is a quiet place with no cars and very little commercial facilities. Guests must respect the noise ordinance in effect. Repeated offenders may be asked to vacate the rental property immediately with forfeiture of all payments made.

PROVISIONS: Properties are provided on a self-catering basis. The Club will provide linens, bath towels, toilet and facial tissue, soap, and garbage bags deemed sufficient for one week only if noted on your statement. Once these items are used, it is the Guests’ responsibility to provide their own.

ACCOMMODATIONS: The Club will not guarantee any specific accommodation due to unforeseen incidents, but will make every effort possible to contact the Guest if any unforeseen incidents arise. The Club will engage in best efforts to offer the Guests equal or better accommodations if such unforeseen incidents occur.

MAINTENANCE: The Club will make a good-faith effort to offer a high quality standard for all accommodations, and will make every effort in its power to ensure accommodations represented to the Guests are in top condition. Due to the nature of the business, the Club cannot guarantee that items will not break from normal wear. Through its support services, the Club will attempt to correct in a reasonable time period any defects as they occur. If you have an issue, you can call us at 239-283-3630 or log on to our service support site at www.northcaptiva.com. This service is available in case of emergencies up to a reasonable hour. The Club cannot guarantee air conditioners, televisions, appliances, and other electrical devices. No refund or rate adjustment will be made for mechanical failures if the issues are addressed and corrected in a reasonable time frame.

TELEPHONES: Telephones are furnished in all rental units for the Guest’s convenience for local calls. Long distance and directory assistance calls must be made collect, or charged to the Guest’s personal phone or credit card.

TRANSPORTATION TO AND FROM NORTH CAPTIVA ISLAND: The Guests agree to make sure all transportation arrangements are made and agree to pay for transportation costs. The Club reserves the right to assess an extra fee for arrivals after 8:30pm or departures before 6:00am. The assessment of this fee is at the discretion of the Club. The fee will be $35 for all assisted arrivals and departures between the hours of 8:30pm and 6:30am. Guests must notify of late arrivals no later than 4:00pm on the day of arrival. Guests must notify of early departures by 4:00pm the day prior to departure.

WE CANNOT GUARANTEE: Should issues arise with the following the Club will not refund or adjust the rental rate.
• Telephones: If a telephone develops problems, the Club will do its best to make timely repairs. Due to the limited accessibility to the Island, repair may take up to 7 days.
• Satellite reception: Satellite reception on the unit’s television may not always be available. Failure of reception is typically from loss

of signal due to an atmospheric disturbance. This situation should be a short-term inconvenience only.

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Island Construction: If there is construction near the home, and the noise from this construction is offensive, the Club will make its best effort to provide alternative accommodations, should the Guest desire. The Club cannot guarantee alternative accommodations will be available.
Swimming Pools & Jacuzzis: If a swimming pool or Jacuzzi and/or heater for the pool/Jacuzzi develop problems, the Club will do its best to make timely repairs. Due to the limited accessibility to the Island, repair may take up to 7 days.

NORTH CAPTIVA ISLAND CLUB RENTAL CONTRACT

• Bug Free Rental: The Club retains the services of a pest control technician. Due to the island climate and ecosystem, it is not possible to guarantee a total absence of insects in a rental unit.

NCIC RESERVES THE RIGHT: As a public lodging establishment licensed under Florida Statue 509, NCIC reserves the right, to refuse accommodations or service to any person that is objectionable or undesirable to the Club, but such refusal may not be based upon race, creed, color, sex, physical disability, national origin, or otherwise outlined by state or federal law

LIMITATION OF LIABILITY: Guest understands that NCIC is an island resort in a natural setting with unsupervised amenities. Guest understands and agrees as a result there are inherent risks associated with an island resort in a natural setting. Guest as a result, agrees to hold harmless and indemnify, NCIC its affiliated companies, subsidiaries, sub-contractors, officers, employees and property owner(s) from bodily injury and/or property damage caused in whole or in part by NCIC, and/or Guest including but not limited to the following:

• Bodily Injury or property damage caused in whole or in part by the natural setting of the resort, equipment failure in or upon the property, club facilities, and/or caused by any resort amenities and/or other guests. Guest is to immediately notify the proper authorities and NCIC of any bodily injury, and/or NCIC of any equipment failure. Bodily Injury or Property damage to family members or invitees of Guest, howsoever caused.

  • Liability for lost or stolen personal property of the Guest. In the event property is lost or stolen, the Guest should advise the

    appropriate authorities first, then NCIC of the lost or stolen items.

  • Liability for the acts or omissions of any agent, including but not limited to: airlines, car-hire companies, travel agents, ticket agents,

    home owner, ferries or utility providers.

  • Liability for the use of ANY provided amenity including but not limited to: golf carts, kayaks, swimming pools.

  • Liability for acts of violence, natural or manmade disasters, including but not limited to: fire, flood, war, terrorism, or other forces

    that may have deleterious effect to Guest.

  • Liability for removal of the property from the marketplace, or transfer of the property to another owner, that results in the property

    becoming unavailable for the rental period. Wherever such an event occurs, the Club will offer the Guest a suitable alternative accommodation of equal or better quality, subject to availability. In the event that Guest refuses the offered alternate property, the Guest may cancel the booking, and the Club will refund the total rental fee, less any applicable cancellation penalty charges

  • As a condition of rental Guest warrants that:
    1. Guest has adequate and sufficient insurance coverage to cover both bodily injury and or property damage to NCIC, Guest’s or others.
    2. Guest will obey all rules, regulations and instructions of NCIC as now know, or as may be promulgated in the future.
    3. NCIC may at any time enter any property without notice, for the purposes of protection and/or maintenance of the property. When possible as determined by NCIC, NCIC will provide notice to the Guest prior to entrance.
    4. Guest understands and agrees that firearms are not allowed on properties.
    5. Guest understands that failure to comply with any of the terms herein will, at the discretion of NCIC, result in the eviction of the Guest from the property, without recompense or refund.
    6. Guest further understands and agrees that in event NCIC is found to be negligent for any reason, Guest agrees that the limit of liability imposed against NCIC will be limited to the amount adjudicated, or the cost of the vacation rental, whichever is less.

    VIDEO/AUDIO: GUEST understands and agrees that over the course of GUEST vacation at NCIC, GUEST may be subject to both video and audio surveillance as well as other un-described security measures for the protection and security of NCIC and its guests, in and around NCIC properties excluding interiors of vacation rentals. GUEST fully agrees to video and audio surveillance, and agrees to the full release of any video and or audio where GUEST may be recorded for security and or legal purposes.

    LEGAL: GUEST understands and agrees that in the event NCIC must institute legal proceedings or NCIC is brought into legal proceeding as a result of guest actions or inactions, howsoever caused, GUEST agrees to indemnify and or hold harmless NCIC for payment or recoupment of all fees, including but limited to attorney fees, damage fees, fees for cost to collect, bodily injury and or property damage.

    NOTE: GUEST MUST PRESENT CREDIT CARD AND DRIVERS LICENSE UPON CHECK-IN. CREDIT CARD TO BE AUTHORIZED FOR $500 UPON CHECKIN FOR ADDITIONAL CHARGES ARISING FROM INCIDENTAL CHARGES OR DAMAGES ONLY VISA, MASTERCARD, DINERS CLUB, AND DISCOVER WILL BE ACCEPTED FOR THE AUTHORIZATION.

    GUEST SIGNATURE: ___________________________ DATE: ________________ FOLIO#:____________ UNIT#:__________

    By executing this rental agreement, the Guest agrees that he/she is the one responsible for the reservation payments due and authorization of the credit card for damages and incidentals as outlined in this agreement.

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Live Reservations