Terms and Conditions

Vacation Rental Agreement

This Rental Agreement (this "Rental") is dated as of the Check-In date on Your Reservation by and between Cape San Blas Salty Mermaid LLC ("Host"), and the Guest as named on Your Reservation. The parties agree as follows:

PREMISES. Host, in consideration of the Rental payments provided in this Rental Agreement, Rents to Guest A four -bedroom townhouse with four and a half baths (the "Premises") located at 107 Turtle Walk, G41, Port St Joe, Florida 32456.

TERM. The Guest will have full control and use of the Premises beginning on the Check-In date on Your Reservation at 4:00 PM ET and will terminate at 10:00 a.m. on the Check-Out date on Your Reservation.

POSSESSION. Guest shall be entitled to possession of the Premises on the Check-In date on Your Reservation at 4:00 PM ET and shall yield possession to Host at 10:00 a.m. on the Check-Out date on Your Reservation unless otherwise agreed by both parties in writing. At the expiration of the rental period on Your Reservation, Guest shall remove its goods and effects and peaceably yield up the Premises to Host in as good a condition as when delivered to Guest, ordinary wear and tear excepted.

USE OF PREMISES. Guest shall occupy and use the Premises as a dwelling unit. Guest will maintain the premises in good order and appearance including keeping the premises free of trash and garbage. Reasonable wear and tear are the only exceptions to damage to the premises.

INSURANCE. It is recommended that travel or vacation insurance is obtained by the Guest.

NON-DISTURBANCE CLAUSE. Guests shall not disturb, annoy, endanger (fireworks) or inconvenience neighbors nor use the premises for any unlawful purposes.

CANCELLATIONS. If the Property becomes unavailable to the Guest prior to Your Reservation, for any reason, Host agrees to refund the full amount paid to the date of cancellation, and Guest agrees to release any claims against Host. A rental deposit is required at the time of Your Reservation. All Rental fees are due and payable sixty (60) days before the arrival date of Your Reservation. All rental fees are non-refundable unless there is a mandatory hurricane evacuation.

SMOKING. Smoking is strictly forbidden inside the Property. Smoking is only allowed "outside". Evidence of smoking inside the Property will result in immediate eviction and forfeiture of all amounts paid and will result in additional Cleaning Fee charges to Guest as Excess Damage Cost and will be charged against the credit card on file or Guest's security deposit at Host's election.

COOKING. Guest may cook only in the specific areas set aside by Host for cooking. No open fires are allowed other than in the grill. All fires must be thoroughly extinguished before leaving unattended.

CLEANING. The property will be inspected and cleaned after departure. Guest is required to leave the property in the same general condition that it was received in by making sure that the dishes are washed and put away, and the house is generally picked up and ready to be vacuumed, dusted, disinfected and laundered.

CUMULATIVE RIGHTS. The rights of the parties under this Rental are cumulative, and shall not be construed as exclusive unless otherwise required by law.

INDEMNITY REGARDING USE OF PREMISES. To the extent permitted by law, Guest agrees to indemnify, hold harmless, and defend Host from and against any and all losses, claims, liabilities, and expenses, including reasonable attorney fees, if any, which Host may suffer or incur in connection with Guest's possession, use or misuse of the Premises, except Host's act or negligence.

SUBORDINATION OF RENTAL. This Rental is subordinate to any mortgage that now exists, or may be given later by Host, with respect to the Premises.

ASSIGNABILITY/SUBLETTING. Guest may not assign or sublease any interest in the Premises, nor assign, mortgage or pledge this Rental, without the prior written consent of Host.

CASUALTY OR DESTRUCTION. (a) Should the Property be destroyed or rendered uninhabitable by an Act of God (including, but not limited to, hurricanes, storms, floods or fires), or by environmental disaster, or loss of utilities prior to occupancy by Guest, this Agreement shall become null and void, and all payments made hereunder shall be refunded to Guest. (b) Should the Property be destroyed or rendered uninhabitable as above during occupancy, reimbursement on a pro-rated basis will be negotiated between Guest and Host based on the following: No refund is due (or will be made) for inclement weather.

NOTICE BY E-MAIL. For a notice under this agreement to be valid, it must be in writing and delivered by email. It will be deemed to have been received when the party to which the email message is addressed acknowledges by notice in accordance with this section (but without need for acknowledgement of the acknowledgment) having received that email message, with a read receipt or an automatic reply not constituting acknowledgment of an email message for purposes of this section.

If the sender of a notice in accordance with this section receives a machine-generated message that delivery has failed, or if the sender does not receive an acknowledgement in accordance with this section, that notice will nevertheless be deemed to have been received when originally sent by email if no more than ten business days later the sender delivers a tangible copy of that notice with end-to-end tracking and all fees prepaid.

Such addresses may be changed from time to time by either party by providing notice as set forth above.

GOVERNING LAW. This Rental shall be construed in accordance with the laws of the State of Florida.

ENTIRE AGREEMENT/AMENDMENT. This Rental contains the entire agreement of the parties and there are no other promises, conditions, understandings or other agreements, whether oral or written, relating to the subject matter of this Rental. This Rental may be modified or amended in writing, if the writing is signed by the party obligated under the amendment.

SEVERABILITY. If any portion of this Rental shall be held to be invalid or unenforceable for any reason, the remaining provisions shall continue to be valid and enforceable. If a court finds that any provision of this Rental is invalid or unenforceable, but that by limiting such provision it would become valid and enforceable, then such provision shall be deemed to be written, construed, and enforced as so limited.

WAIVER. The failure of either party to enforce any provisions of this Rental shall not be construed as a waiver or limitation of that party's right to subsequently enforce and compel strict compliance with every provision of this Rental.

BINDING EFFECT. The provisions of this Rental shall be binding upon and inure to the benefit of both parties and their respective legal representatives, successors and assigns.

DISPUTE RESOLUTION. The parties will attempt to resolve any dispute arising out of or relating to this Agreement through friendly negotiations amongst the parties. If the matter is not resolved by negotiation, the parties will resolve the dispute using the below Alternative Dispute Resolution (ADR) procedure.

Any controversies or disputes arising out of or relating to this Agreement will be submitted to mediation in accordance with any statutory rules of mediation. If mediation is not successful in resolving the entire dispute or is unavailable, any outstanding issues will be submitted to final and binding arbitration under the rules of the American Arbitration Association. The arbitrator's award will be final, and judgment may be entered upon it by any court having proper jurisdiction.

CAUSE FOR EVICTION. The Guest and all parties with the Guest will be subject to immediate eviction from the Property if the Guest or parties of the Guest violate any terms of this Agreement, including but not limited to, violation of the occupancy limits, pet provision, smoking, noise ordinance or parking. In the event of eviction from the Property, the Guest shall forfeit all amounts paid and there will be no refund of money.

ATTORNEY'S FEES AND COSTS. If Host employs the services of an attorney to enforce any conditions of this Agreement, to collect any amounts due, the eviction of the Guest, or because Guest takes any action to recover deposits not due, Guest shall be liable to Host for reasonable attorney's fees and costs incurred by Host.

ACKNOWLEDGMENT. By Booking Your Reservation, Guest hereby acknowledges understanding and acceptance of the terms and conditions on all pages of this Agreement.


Cape San Blas Salty Mermaid
Michele O'Brien
107 Turtle Walk #G41, Cape San Blas, FL 32456