Village at Hawks Cay Villas Rental Terms & Conditions

KeysCaribbean Middle Keys LLC dba KeysCaribbean Village at Hawks Cay Villas “Rental Agent” RENTAL AGREEMENT TERMS AND CONDITIONS

This Rental Agreement and Contract (the “Agreement”) is a legally binding agreement made and entered into as of the Reservation by and between the confirmed reservation person(s) or company (the “Guest”) and the undersigned owner, manager or agent (“Rental Agent”), pursuant to which the Guest has agreed to rent the residence, (the “Property”), for the duration of the Rental Term for the Total Rental Fee and other goods and valuable consideration as described herein.

OCCUPANCY Guest agrees that at least one person in the party is at least 25 years of age and no more than the stated maximum occupancy of persons shall be permitted on the Property at any time during the Rental Term, all of whom shall comply with the conditions and restrictions imposed upon Guest under this Agreement.  Guest further agrees the Rental Agent has the right to terminate this Agreement before the end of the Rental Period if the limit is exceeded or underaged occupants are not accompanied by one person at least 25 years of age and any such termination will result in a forfeiture of all funds paid on the reservation.

CONFIRMATION: Confirmation of the reservation will be sent upon receipt of the reservation (pre)payment requirement. Please read the confirmation for accuracy of dates, mailing address, number in party and accommodations. Errors must be directed to the reservations department within 24 hours of booking.

CONDITION AND USE OF PROPERTY The Property is provided in “as is” condition. The Rental Agent shall use its best efforts to ensure the operation of all amenities in the Property, such as internet access, satellite or cable TV access or hot tubs as applicable. The Rental Agent shall not be held responsible for such item’s failure to work.  The Rental Agent will make every effort to correct any issues as reported as quickly as possible. Guest acknowledges that use of amenities such as hot tubs, pools, spas, tennis courts, marina, picnic areas and tables, decks, and the like may be potentially dangerous and involve potential risks if improperly used, particularly with regard to children and such use is at the Guest’s own risk. Guest shall use the Property for residential purposes only and in a careful manner to prevent any damage or loss to the Property and keep the Property in clean and sanitary condition at all times. Guest and any additional permitted guests shall refrain from loud noise and shall not disturb, annoy, endanger, or inconvenience neighbors, nor shall Guest use the Property for any immoral, offensive or unlawful purposes, nor violate any law, association rules or ordinance, nor commit waste or nuisance on or about the Property.

ASSIGNMENT OR SUBLEASE Guest shall not assign or sublease the Property or permit the use of any portion of the Property by other persons who are not family members or guests of the Guest and included within the number of and as permitted occupants under this Agreement.

RISK OF LOSS AND INDEMNIFICATION Guest agrees that all personal property, furnishings, personal affects and other items brought into the Property by Guest or their permitted guests and visitors shall be at the sole risk of Guest in regard to any theft, damage, destruction or other loss and Rental Agent shall not be responsible or liable for any reason whatsoever. Guest hereby covenants and agrees to indemnify and hold harmless Rental Agent and their agents, owners, successors, employees and contractors from and against any costs, damages, liabilities, claims, legal fees and other actions for any damages, costs, attorneys fees incurred by Guest, permitted guests, visitors or agents, representatives or successors of Guest due to any claims relating to destruction of property or injury to persons or loss of life sustained by Guest or family and visitors of Guest in or about the Property and Guest expressly agrees to save and hold Rental Agent harmless in all such cases.

RELEASE Guest hereby waives and releases any claims against Rental Agent, the Property owner and their successors, assigns, employees or representatives, officially or otherwise, for any injuries or death that may be sustained by Guest on or near or adjacent to the Property, including any common facilities, activities or amenities. Guest agrees to use any such facilities or amenities entirely at the Guest’s own initiative, risk and responsibility.

ENTRY AND INSPECTION Rental Agent reserves the right to enter the Property at reasonable times and with reasonable advance notice for the purposes of inspecting the Property or showing the Property to prospective purchasers, renters or other authorized persons. If Rental Agent has a reasonable belief that there is imminent danger to any person or property, Rental Agent may enter the Property without advance notice.

UNAVAILABILITY OF PROPERTY In the event the Property is not available for use during the Rental Term due to reasons, events or circumstances beyond the control of Rental Agent, Rental Agent will apply due diligence and good faith efforts to locate a replacement property that equals or exceeds the Property with respect to occupancy capacity, location and value that meets the reasonable satisfaction of the Guest. If such replacement property cannot be found and made available, Rental Agent shall immediately return all payments made by the Guest, whereupon this Agreement shall be terminated and Guest and Rental Agent shall have no further obligations or liabilities in any manner pertaining to this Agreement.

PEST CONTROL SERVICES: Every effort is made to control pests in our Sub-Tropical environment.  The Rental Agent and the property owners engage pest control companies to control potential issues.  Each guest shall be responsible for ensuring garbage and recycling is removed promptly and secured properly in garbage cans or bins and lids or doors are not left open.  The Guest accepts these pests are part of the experience and there are no refunds or cancellations provided based on pest issues.  Services are provided by a licensed contractor.  The Rental Agent will attempt to schedule services outside of your rental dates.

POTENTIAL CONSTRUCTION & MAINTENANCE: It is possible that it might be necessary to temporarily close or provide maintenance to, swimming pools, marina dockage, landscaping and/or other common elements in a community during your stay. Additionally, the Rental Agent does not guarantee against mechanical failure of heating, air-conditioners, televisions, added electronics, plumbing, appliances or utilities such as cable television, internet services, and telephone services or noise generated from construction work in the community. Guest agrees to report any non-operating equipment, disruption in service or disturbances to Rental Agent and Rental Agent will engage necessary vendors to make repairs or replacements based on the availability of the needed vendor.  Rental Agent makes no guarantee of same day availability of engaged repair vendors.  Repair vendors may not be available over a weekend days or holidays.  Discounts or refunds are not provided for failure of above listed items nor construction, maintenance noise, or any other disruption that may occur during your stay, though Rental Agent will make reasonable effort to address any failures as quickly as possible.

ADDITIONAL TERMS TO THE RENAL AGREEMENT In addition to the standard terms included herein, Guest acknowledges and agrees that the following additional terms and conditions apply to the Guest’s rental of the Property.

GENERAL PROVISIONS This Agreement contains the entire agreement between the parties in regard to the rental of the Property, and any changes, amendments or modifications hereof shall be void unless the same are in writing and signed or electronically accepted by both the Guest and the Rental Agent. This Agreement shall be governed by the laws of the Commonwealth of Florida. The words “Rental Agent” shall include KeysCaribbean Middle Keys LLC dba KeysCaribbean Village at Hawks Cay Villas, their respective heirs, successors, representatives. The words “Guest” shall include the named reservation person and all persons occupying the Indigo Reef property at any time for the duration of the stated reservation dates to include days/nights added prior to or after the original reserved dates.  The waiver or failure to enforce any breach or provision of this Agreement shall not be considered a waiver of that or any other provision in any subsequent breach thereof. If any provision herein is held invalid, the remainder of the Agreement shall not be affected. Any notice required to be given under this Agreement shall be in writing and sent to the contact information included herein. This Agreement may be signed in one or more counterparts, each of which is an original, but taken together constitute one in the same instrument. Execution of a digital signature by means of booking a reservation shall be deemed a valid signature.

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