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NORTH CAPTIVA ISLAND CLUB RENTAL CONTRACT
TERMS AND CONDITIONS OF RENTAL: North Captiva Island Club, hereinafter referred to as NCIC or Club, have established a public lodging operation for short-term resort rentals under Chapter 509 of the Florida Statutes. NCIC rents properties to persons of 25 years or over, hereinafter referred to as the Guest. The Club represents homeowners that are registered in its vacation rental program.
GUESTS: The following is a list of guests and their ages:
Guest 1:_________________________________ Age:_____________ (Primary)
Guest 2:________________________________ Age:_____________
Guest 3:________________________________ Age:_____________
Guest 4:________________________________ Age:______________
Guest 5:________________________________ Age:______________
Guest 6:________________________________ Age:______________
Please list all additional guests on the comments section.
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.
The Guest agrees that they shall be held personally liable for any damage caused from their use of the rental property and any items assigned or provided for their use, including golf carts. If Rental Damage Insurance coverage is declined, the guest must remit a $750.00 deposit to be paid by check at least 14 days in advance, or by cash at time of check in. This deposit will be refunded 30 days after departure less any discovered damage to the home or Club facilities, amenities including golf cart.
The Guest agrees to submit a credit card authorization upon check-in for incidental charges they may incur. These incidental charges unless otherwise advised to NCIC will authorize all guests shown to make incidental charges and GUEST agrees to be responsible for these charges.
If a golf cart is included in the rental of the property, the GUEST shall be wholly legally responsible for the return of the golf cart in its original furnished condition at the time of receipt, less normal wear and tear. GUEST fully understand and agrees that upon receipt of golf cart by GUEST, GUEST will immediately inspect golf cart and bring any GUEST concerns pertaining to maintenance and/or condition of the golf cart to the immediate attention of NCIC personnel for written documentation purposes. GUEST understands and agrees that a total loss to golf cart will be based upon a replacement cost valuation for a similar golf cart, partial loss will be based upon the actual cost to replace. A loss of use charge of 30.00 dollars per day, up to 30 days will be assessed against GUEST for NCIC’s inability to rent golf cart whether other golf carts are available or not. The determination of what constitutes normal wear on the golf cart is at the discretion of the Club. GUEST clearly understands this paragraph and agrees to waive any and all claim of pre-existing damage to golf cart damage, after GUEST receipt and immediate inspection of golf cart by GUEST.
The Guest agrees that NCIC can charge additional fees to cover:
Early arrival or late departure
Non-return or loss of keys or key cards
Damage caused in whole or in part to any property, equipment or amenities
Cleaning of exceptionally dirty properties
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, based upon cost repair or replacement the item(s) whichever is less, 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 strictly 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.
PEACEFUL ENJOYMENT: It is the clear intent and desire of NCIC that all guests enjoy their stay on beautiful North Captiva Island, and although NCIC will do it’s best to accommodate GUEST, GUEST understands and agrees that NCIC is also responsible for the peaceful enjoyment of all guests, GUEST as a result agrees to abide by the rules, regulations and or instructions of staff, which may include but may not be limited to GUEST: loud music, profanity, littering and or other actions by GUEST which in the opinion of NCIC is not conducive or may be objectionable to the enjoyment of all NCIC guests. GUEST understands and agrees that GUEST is subject to immediate eviction from the property and forfeiture of rent and or all deposits for failure to comply.
PETS: Pets are not allowed in or upon the properties without prior written authorization from NCIC. As to authorize pet(s) it is the responsibility of GUEST to maintain pet(s) on a leash per Lee County regulations. Pets must be walked only in designated areas, and all pet waste is to be picked up and properly disposed of by GUEST. GUEST warrants that all pet(s) are non-aggressive and or do not have a bite history. If a pet or evidence of an undisclosed pet is found on the premises, and or it is found that the pet is aggressive and or pet waste is not being properly disposed of, Guests may be charged an additional clean up fee, or be subject to immediate eviction from the property and forfeiture of rent and or all deposits
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 30 days prior to check in for arrivals during Off, Shoulder, and Summer Season and 60 days prior to arrival for Peak Season. 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 minimum 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 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 prior 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 to the front office within one working day. Failure to return the House Registration Form will be deemed confirmation that the Guest accepts the all property or amenities as found, and Guest accepts responsibility for all damages or loss found at the property or amenities upon on departure of the Guest.
CHECK OUT: Check out is at 10:00 am on the date of departure. All keys and key cards 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 authorized and noted approval from the Club for a late check out. It is at the discretion of the Club to grant a late check out.
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 allow others, including non-licensed individuals authorization to drive gold carts. 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.
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. You may opt out of this charge by initialing here _________ if you will be supplying your own provisions.
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 known or reported defects as they occur based upon Club’s limited access to the mainland. If you have a concern or issue, you can contact call our main number at 239-283-3630 or log on to our web site at www.northcaptiva.com. 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 within a reasonable time frame. There is no guarantees for voice messages left after hours a call back will happen due to a technical issue although we monitor our voicemail's up to 10 pm daily all time of year. If you have an emergency, call 911.
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 8:30 pm or departures before 7:00 am. 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 8:30 pm and 6:30 am. Guests must notify of late arrivals no later than 4:00 pm on the day of arrival. Guests must notify of early departures by 4:00 pm the day prior to departure.
WE CANNOT GUARANTEE: Should issues arise with the following the Club will not refund or adjust the rental rate.
Swimming Pool's & Jacuzzi's: 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.
NCIC RESERVES THE RIGHT: North Captiva Island Club reserves the right as a public lodging establishment, public food service establishment, and a privately owned enterprise, 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, marital status or as may be 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 it’s 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:
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.
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.
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.
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.
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:
Guest has adequate and sufficient insurance coverage to cover both bodily injury and or property damage to NCIC, Guest’s or others.
Guest will obey all rules, regulations and instructions of NCIC as now know, or as may be promulgated in the future.
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.
Guest understands and agrees that firearms are not allowed on properties.
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.
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. 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.
I (GUEST) FULLY UNDERSTAND AND AGREE TO ALL THE LISTED ABOVE RENTAL TERMS, AND CONDITIONS AND LIABILITY WAIVERS, FOR VACATION RENTAL. I (GUEST) FURTHER AGREE TO BE TOTALLY RESPONSIBLE FOR ANY DAMAGES MY GROUP MAY CAUSE INCUR DURING OUR STAY. MY (GUEST’S) CREDIT CARD ON FILE AND OR DAMAGE DEPOSIT WILL CAN BE USED FOR REIMBURSEMENT OF DAMAGES OR HOUSE CHARGES IF NECESSARY AND THIS AUTHORITY WILL NOT BE REVOKED BY GUEST.
NOTE: GUEST MUST PRESENT CREDIT CARD AND DRIVERS LICENSE UPON CHECK-IN. A $500 CASH DEPOSIT MAY BE REQUIRED UPON CHECK IN AND/OR FOR USE OF A GOLF CART. AN ATM IS AVAILABLE AT THE FRONT DESK.
PROPERTY #______________ FOLIO #___________________
GUEST SIGNATURE_________________________________ DATE _____________
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.
Additional comments: __________________________________________________________________
GUESTS: The following is a list of guests and their ages:
Guest 7:_________________________________ Age:_____________
Guest 8:________________________________ Age:_____________
Guest 9:________________________________ Age:_____________
Guest 10:________________________________ Age:______________
Guest 11:________________________________ Age:______________
Guest 12:________________________________ Age:______________
Guest 13:________________________________ Age:______________
Guest 14:________________________________ Age:______________
Please list all additional guests on the comments section.