26 Topaz Cove
Miramar Beach, FL 32550
Vacation Rental Agreement Terms and Conditions
Please retain for your records
This rental agreement is between you (the "guest" or "tenant") and (Emma's Estate) Sean and Emilie Aplin.
Sean Aplin: 850-225-3599; Primary contact.
Emilie Aplin: 850-496-7955; Secondary contact.
This is your short-term vacation rental agreement. This agreement outlines everything you need to know about our rental policies for our property. Our goal is to ensure that your stay at Emma's Estate is wonderful and meets all of your expectations. Please let us know if you have a technology or equipment issue during your stay and we will work to get it resolved as quickly as possible. If you have any questions, don't hesitate to contact us.
Rental Agreement: This Agreement (agreement) constitutes a contract between the Guest (you, your) and the Owners (us, we, our) of Emma's Estate (property, house, unit, home). By signing this agreement, you and your guests are agreeing to all terms and conditions listed in the rental agreement. Your vacation rental is a transient rental under state law. This means that your tenancy is temporary for the stated time period only. At no time is the property to be sublet or assigned to another individual. Please do not make any repairs, alterations, or improvements in or about the property.
Location/Property: The home is located at 26 Topaz Cove, Miramar Beach, FL 32550 in the Emerald Shores community. Emerald Shores is a gated community with private beach access/ownership. The home does not have a gulf view, and a short walk is necessary in order to reach the beach. Emma's Estate is a non-smoking, dog friendly property. Two housebroken small dogs (up to 35 lbs.) are permitted with payment of a non-refundable pet fee per dog.
We will NOT rent to anyone under 25 years of age unless accompanied by an adult guardian or parent 25 years of age or older who remains on the property during the entirety of the reservation without prior written permission. No chaperoned groups. One adult (25 or older) must be present for every 4 children. VIOLATION OF THIS PROVISION SUBJECTS GUEST TO SIGNIFICANT PENALTIES WHICH ARE NECESSARY TO PROTECT OWNERS BECAUSE THIS LEASE IS A SHORT TERM VACATION RENTAL. Photos of State-Issued Photo IDs are required for all occupants 25 and older and must be submitted to the OWNERS no less than 72 hours prior to check-in to avoid check-in delays and possible cancellation of the reservation without refund. MISREPRESENTATION OF ANY OCCUPANTS IN ANY WAY IS SUBJECT TO IMMEDIATE EVICTION OF ALL OCCUPANTS WITHOUT REFUND (See Falsified Reservations Policy below).
Security Deposit: No Security Deposit is charged; however, your credit card information will be held on-file. (See Credit Card Authorization). An Accidental Damage Protection fee of $95 per week is required. (See Accidental Damage Protection)
Payment Terms: An advance payment equal to 50% of the total reservation price is required at the time of booking. Please make payments via credit card. The remaining balance is due 60 days before your arrival date. Remaining balances not received 60 days prior to the arrival date will be considered a cancellation. (See Cancellation Policy) Reservations made less than 60 days prior to arrival require full payment at the time of booking.
Credit Card Authorization: Guest understands and consents to the use of the credit card provided without original signature on the charge slip, that a photocopy or fax of this agreement will serve as an original, and that this Credit Card Authorization cannot be revoked and will not terminate until 90 days after the Check-out date. Guest agrees not to cancel the credit card on file during the authorization period unless the card is lost or stolen. In the event of a lost, stolen, or otherwise cancelled credit card, Guest agrees to supply the Owners an alternate credit card for payment purposes. Charges may include, but are not limited to: damages beyond normal wear and tear; missing items, unreturned keys, fines incurred due to failure to adhere to house rules/Check-Out Policy, or neighborhood fines.
Arrival Inspections + Damages: Any damage noticed upon arrival should be reported to us immediately. We ask that you also report any general maintenance needs so that the house can be kept in good repair. If damage is not reported, your credit card may be charged for the cost of the repair or replacement. In lieu of a security deposit, we will keep your credit card on file. You are responsible for any and all damages that occur to the property or its contents by you or any other member of your group, individually or collectively, while you are the registered occupant of the property. We will capture an amount from your credit card to cover the estimated cost of the repairs or to replace missing items. The amount captured will be an estimate and may be more than the actual cost of repairs or clean-up. We will provide a statement of the damages and the cost of the repairs after they have been completed. If there is a refund due it will be returned to the credit card on file after all repairs have been made. If the cleaning team detects any evidence of smoking, you will be charged $500.00.
PLEASE BE SURE TO READ THE CHECK-OUT PROCEDURES. The following provisions should be met:
No Smoking or Open Flame: No smoking is allowed inside home or on the balconies or porches. No candles or open flame of any kind are allowed inside the property or on the balconies or porches. The only exception to the use of open flame is exclusively for the purposes of igniting the gas grill on the back porch should the auto-ignite feature fail. Upon departure, if the cleaning team detects any evidence of smoking and/or open flames, additional fees may apply.
Cancellation: Cancellations made more than 60 days prior to your arrival will receive a refund of any advance payments less a $250 cancellation fee.
Cancellations made within 60 days of the check-in date will receive no refund, and you will forfeit the full payment.
Cancellations, late arrivals, early departure, or no shows do not warrant refunds (see Trip Insurance). Guests with an unpaid balance after the full-payment date (60 days prior to check-in) will automatically forfeit all funds and the lease will no longer be valid or guaranteed for the leased period. OWNERS will then have the right to open up the online booking calendar and attempt to re-rent the unit.
Arrival and Check-in: Check-in is 4:00 PM CST on your scheduled arrival date. There may be times when the cleaning staff need additional time to make the home ready for your stay. We ask for your understanding and recommend that you have alternate plans in the event that cleaning staff need additional time. Please do not interrupt the cleaning team if they are in the home when you arrive. There are restrooms available at the pools, pavilion, and Emerald Shores office on the bottom floor of Leeward Key. If you find that the home has not been properly cleaned, we ask that you let us know immediately.
Departure and Check-out: Check-out is 9:00 AM CST on your scheduled departure date. Check-out is strictly at 9:00 AM. Guests remaining at the property after 9:00 AM CST on the day of check-out are subject to a $100 per hour fine charged at the beginning of each hour delayed. Timely check-out is necessary for cleaners to prepare the home for guests who will arrive hours after you leave. If check-out procedures are not followed, you may be subject to additional fees. (See Check-Out Procedures section)
Parking: The driveway has space for 4 vehicles. You must park in the driveway or the overflow parking located by either of the community pools. Prior to your stay, you will receive parking passes in an email along with other information for your trip. Please print a parking pass for each vehicle and display it on the dashboard throughout your stay. Absolutely no parking on the street or grass. Emerald Shores parking rules are strictly enforced.
Pet Policy: Up to two housebroken, small (up to 35 lbs.) dogs with payment of non-refundable $150 pet fee per dog per week. The property does not have an enclosed yard. Dogs must be on a leash and walked outside to do their business. Guests agree to pick up pet waste and dispose of it in the stations located throughout the neighborhood. NO pet pads or other items designed for indoor collection of pet waste are allowed in the home or on the porches or balconies.
Maximum Occupancy: The maximum number of guests is 15. No exceptions. If you are found in breach of this contract, you will be evicted and no money will be refunded. Only people who have registered with us as a guest may stay overnight on the property.
PENALTY FOR VIOLATING MAXIMUM OCCUPANCY PROVISION: VIOLATION OF THE MAXIMUM OCCUPANCY PROVISION CAN RESULT IN SERIOUS HEALTH PROBLEMS DIRECTLY RELATED TO OVERUSE OF THE SEWER. THEREFORE, IN THE EVENT TENANT ALLOWS THE PREMISES TO BE OCCUPIED BY MORE THAN LIMIT, TENANT SHALL BE RESPONSIBLE TO PAY Owners THE SUM OF ONE HUNDRED ($100.00) DOLLARS PER PERSON IN EXCESS OF THE LIMIT PER DAY FOR EACH DAY THE TENANT ALLOWS THE PREMISES TO BE OCCUPIED BY MORE THAN LIMIT OF PERSONS.
Housekeeping Services and House Amenities: There is no daily housekeeping service. While linens and bath towels are included with the property, daily maid service is not included in the rental rate. A one-time set-up of linens, bath towels, dish soap, paper towels, bath soap, toilet paper, laundry soap, and trash liners is provided. Please plan to bring your own tooth paste, additional paper products, beach towels, etc. We provide brooms, dust pans, a vacuum cleaner, and toilet plungers should you need them during your stay. Do not remove towels, linens, or pillows from the home at any time. Replacement costs for missing or damaged towels, pillows, and linens will be charged to your credit card. We do not provide beach towels and recommend that you bring your own or plan to purchase beach towels upon arrival.
Trash Policy: Trash pickup is on Tuesdays, Thursdays, and Saturdays. Grounds crew manually remove bags of trash from the cans. There is no garbage truck or lift mechanism to dump the cans. In order for the trash to be removed, ALL ITEMS MUST BE BAGGED in large trash bags (13 gallon or larger). GUESTS agree not to throw loose items or small bags in the outdoor trash cans, and agree to place all such items in large bags for the grounds crew to pick up. If the Trash Policy is not followed, GUESTS agree to a $250 fee per trash can to cover bagging of loose trash, trash can cleaning, and sanitization. GUESTS also agree to a $30 fee to cover a special trash pickup to have the grounds crew pickup outside of the regular trash schedule. This is in addition to any fees incurred for failure to follow Check-Out Procedures. (See Check-Out Procedures below).
Gas grill/Propane: There is a private gas grill on the property. GUEST agrees to clean the grill after use. Cleaning includes emptying and cleaning the grease drip cup, removing, cleaning, and replacing the grease catch pan, removing, cleaning, and replacing the grill grates, and wiping out all grease and debris from the interior of the grill pit. Failure to properly clean the grill will result in a $100 grill cleaning fee in addition to any other fees incurred (See Check-Out Procedures below).
We do our best to provide at least some propane; however, we cannot guarantee that it will be available for your stay. We ask that you report any empty propane tanks so that we can schedule delivery of full tanks. The service we use only delivers to Miramar Beach on Wednesday, so we need to know about empty tanks by midday on Monday to be able to get on the delivery schedule. Guests may also choose to get their own tanks from nearby merchants who provide them.
Rates: Published rates are subject to change at any time without notice. All rates are subject to Florida taxes.
Minimum Stay: Rentals are a 7-night minimum and are done on a weekly schedule, generally Saturday-Saturday.
Short-Term Rental: It is expressly understood and agreed that this is a short-term vacation rental and is not a lease or other long term residential tenancy agreement. This Agreement is only for the use of the Property for the stated Term. It creates no property rights in You, the Guest, and no rights to renewal or for recurring usage.
System or Amenity Failure: In case of failure of a system or amenity during your stay, including but not limited to, water, sewer, heating, air-conditioning, electrical, mechanical, ventilating, structural systems, major appliances, or entertainment equipment, Owners shall have them repaired as quickly as possible. You agree to permit access to the unit to make repairs. Repair personnel shall not be liable to GUEST in damages, and NO REBATE OR REFUND will be given for such temporary failure, provided OWNERS are making reasonable efforts to repair the system or amenity in a reasonable manner after having received notice from GUEST that repairs are needed. Absolutely no REBATE OR REFUND will be provided for a failure or the restricted access to an amenity outside of the unit (i.e. Pool, tennis courts, tram, beach service, etc.).
Amenities Offered: Every effort will be made to make sure what is offered in any advertising will be in the property as described. There may be times when the exact amenities are not in the property. Every attempt is made to keep the inventory as advertised. A difference in amenities does not entitle GUEST to any refund of rents paid. Amenities may be added or removed from time to time at the OWNERS' discretion.
Beach Furnishings: The Owners offer their Guests the use of 4 resort-style beach chairs and 1 beach umbrella with table as part of the Guests' stay. The Owners take great pride in these beach furnishings and ask that the Guests follow all of the rules outlined below when using them.
Acts Of God/Conditions Beyond Our Control: OWNERS shall not be liable for events beyond our control which interfere with GUESTS' scheduled occupancy, including, but not limited to, Acts of God, acts of governmental agencies, pandemics or other public health events, fire, strikes, war, tornado, ice storm, environmental issues, severe weather, inclement weather, bridge closures, loss of electricity, or loss of water. NO REBATE OR REFUND shall be given in these circumstances. We recommend you purchase Travel Insurance for your reservation.
Severe Weather/Hurricanes/Tropical Storms: There are no refunds for severe weather including hurricanes, hurricane evacuations, and tropical storms. It is highly recommended that you purchase travel insurance. It is up to you to purchase the insurance, it is not our responsibility.
Purchasing travel insurance is a cost effective way to insure the investment in your vacation. We do not purchase travel insurance for our guests, this is your option and responsibility. We highly recommend purchasing a trip insurance policy from a travel insurance carrier should an unforeseen incident occur that requires your trip to be delayed, disrupted or canceled. Many events can disrupt your travel plans, including events that can make the accommodations uninhabitable (fire, flood, wind, etc). These events include, but are not limited to, natural disasters (earthquake, hurricane, tropical storms, etc), travel problems (flight cancellations, etc), and medical/personal issues (illness, death in the family, jury duty, etc). As a result, we have a no refund policy within 60 days of your Check-In date.
Travel Insurance Provided by TRAVEL GUARD: Every year, snowstorms, hurricanes and other unexpected weather events cause travelers to delay, interrupt or even cancel their trips completely. A travel insurance plan can help cover your vacation investment. Specific coverage questions should be directed to Travel Guard (1.877.246.5376 or www.travelguard.com/astp). Please refer to product number 008573/008574 P1 & account # 97908.
Coverage is offered by Travel Guard Group, Inc., and limitations will apply. Please visit www.travelguard.com/disclaimer for full disclaimer.
Items Left Behind: OWNERS are not responsible for any personal items GUESTS leave behind. Please take all personal items with you upon departure.
Mail Delivery/Packages: If you need to have something delivered during your stay, we ask that you use a parcel service that delivers to the front door. We do not have someone on-site to check the locked community mailbox. A mailbox key can be made available to guests who book multiple sequential weeks.
Accidental Damage Protection: Accidental Damage Protection is included for any accidental damages, subject to exclusions and limitations, that occur to the premises during your rental period up to $1,500. Any damage or accident that is not covered under the policy will be the responsibility of the GUEST.
The purchase of the damage protection still requires you to follow the check-out list outlined in the Check-Out Policy, and you must follow all terms and conditions.
All reservations require guests to pay a non-refundable $95.00 per week Accidental Damage Protection fee. GUESTS of OWNERS who have paid the non-refundable fee prior to checking in to a property will not be obligated to pay the first $1,500 in accidental damages, subject to the conditions and limitations set forth below. This accidental damage protection is not insurance. It is a non-refundable, one-time charge per week that covers accidental damage reported by the guest prior to check-out for guests who have complied with the Agreement. In exchange for the payment of the Accidental Damage Protection fee and the execution of this Agreement, which incorporates the terms of this limited waive clause, OWNERS hereby waive the right to charge the guest for any reported accidental damages to the Property that result from the guests’ accidental or inadvertent acts or omissions during the duration of their stay for damages up to but not exceeding $1,500.
Guests are responsible for any damages or losses in excess of the Damage Limit Amount of $1,500, as well as any damages or losses excluded from the terms herein.
Conditions and Limitations
The Accidental Damage Protection Policy has certain conditions, limitations and exclusions. This Accidental Damage Protection fee will not waive the guest’s liability for:
1. Intentional acts or omissions, abuse or neglect by a guest or a guest’s invitee.
2. Negligence or gross negligence. This includes any damages to the property caused by acts or omissions that could have been foreseen by a reasonable person including damages resulting in any additional cleaning and/or maintenance costs.
3. Any damage which the guest does not report immediately to the OWNERS prior to checking out of property.
4. Theft that results from guest’s failure to lock or secure the premises or property
5. Damages, additional cleaning costs or additional maintenance costs caused by an animal allowed on or in the property by guest or guest's invitee, including any service or emotional support animals (if not approved and paid for with the pet fee - See Pet Policy).
6. Damages resulting from unauthorized smoking on or in a property by guest or guest’s invitee.
7. Loss or Damage in excess of the Damage Limit Amount.
8. Loss or Damage to any personal property of guest or guest’s invitee.
9. Loss or Damage to beach furnishings due to not following the usage rules outlined in the Beach Furnishings section.
The protection policy applies only to the direct physical loss or damage to covered property. It does not cover loss of use of such property. GUEST agrees to pay OWNERS for any loss of income that may result from loss of use of the property due to damages by GUEST or GUEST's invitees. This waiver is not intended in any way to provide reimbursement or coverage for the following items, which shall remain the responsibility of the owner of the property:
1. Damages that constitute normal wear and tear.
2. Damages resulting from acts of God, including but not limited to acts resulting in fire, flood or other natural disasters.
3. Damages or losses to property which are unrelated to the actions of the guest.
4. Theft that occurs despite the guests’ reasonable efforts to secure the property and related items.
When a guest provides notice to OWNERS prior to check-out of accidental or inadvertent damage to the property, OWNERS will investigate the damage to determine whether the damage appears to have been caused by accidental or inadvertent actions, and to determine the nature and extent of the damages and the necessity for and costs of the repairs or replacements. Such determination shall be made in the sole and absolute discretion of OWNERS provided there is some reasonable basis for making such a determination. OWNERS have ultimate claim administration authority.
Insurance: You are expressly excluded from any insurance policy held by us. You understand that it is suggested that you carry renter's insurance to cover your personal belongings.
Cleaning Fee: All reservations require a $375 cleaning/management fee. If the cleaners find that the home has been left excessively dirty you may be subject to additional fees.
When booking, Guests have the option to choose off-site wash/dry/fold service for the towels, washcloths, and bathmats they use during their stay for an additional $175. If this service is not selected, Guests agree to follow the Check-Out procedures regarding laundering of the bath towels, washcloths, and bathmats. Failure to select the off-site service or to follow the Check-Out procedures regarding these items will result in the $175 service fee, as well as an additional $100 fee for not adhering to the Check-Out procedures.
The home is treated for pests on a quarterly schedule with additional treatments as needed. GUESTS are to report any observed pest activity to OWNERS immediately. OWNERS will schedule treatments as soon as possible after receiving GUEST notification of need. GUESTS are expected to behave in a way that minimizes risk of pests in the home. This includes cleaning up after meals and properly securing the home by keeping doors closed and screens in windows. Do not leave doors open or leave opened food or dirty dishes around the home. Remove trash from the home regularly. We appreciate your cooperation in helping to keep the property pest-free.
Community Rules: You agree to abide by all rules governing the community where the property is located. The rules are posted inside the property and/or at the community office. These rules are subject to change at any time. (See section with Emerald Shores Neighborhood Rules)
Criminal Activity: You agree to not engage in any criminal conduct on the property, including but not limited to the following: usage of illegal drugs, committing a felony, violating any law or ordinance, disturbing the peace, engaging in conduct for unlawful purposes, or any unlawful use of the internet or WiFi. We are not liable for any damage or injury you cause to yourself or a 3rd party while engaging in criminal activity.
Governing Law: This agreement shall be governed, construed, and interpreted under the Laws of Florida.
Severability: If any part of this agreement is held to be invalid, such invalidity shall not affect the validity or enforceability of the rest of this agreement.
Falsified Reservations: If you provide false information concerning your identity or other aspects of the reservation, you will automatically forfeit the reservation and will not be granted access to the property or will be evicted if you and your party are already on the property. In addition, you will not be issued any refunds. We have a right to report the fraud to appropriate authorities.
Additional Terms and Conditions: Guests agree to observe all terms and conditions of this lease with regard to maintaining the premises in good order and appearance and will behave in a way that is inoffensive to neighbors.
OWNERS reserve the right to cancel and/or prohibit reservations providing all payments are returned to Guest within 10 days of notification.
OWNERS, Emerald Shores HOA, cleaners, and repair personnel will NOT be liable for lost or stolen items of any kind. Guests agree to take measures to safeguard all valuables and personal items.
Anyone using the pool does so at their own risk and sole responsibility. All children must be supervised by an adult at all times while in the pool area or at the beach. OWNERS assume no responsibility for accidents or injury in connection with such use. Anyone using the pool agrees with OWNERS, for and in consideration of the use of the pool or beach area, to make no claim against the owners, for or on account of any loss of life, personal injury, or damage to or loss of personal property.
Any use of this property other than standard lodging must be authorized by OWNERS. This includes parties and receptions or other gatherings.
Written exceptions: Any exceptions to the policies contained in this agreement must be approved in advance and in writing.
GUEST agrees to indemnify and save OWNERS harmless from all liability, loss or damage arising from any nuisance or harm made or suffered on the leased premises by the GUEST or those invited by GUEST or from any carelessness, neglect, or improper conduct of any persons entering, occupying or visiting leased premises.
Waiver of Jury Trial: By entering into this agreement, the parties knowingly and voluntarily waive the right to a Jury Trial as to any claims a party may have against the other which arises out of this agreement or the course of dealings between the parties.
EMERALD SHORES NEIGHBORHOOD RULES: VACASA manages and maintains the Emerald Shores neighborhood, a residential family-oriented community. Short-term rental stays are a privilege extended by the Emerald Shores community, and we ask that you give your temporary neighbors due consideration as you enjoy your stay with us.
As a guest of Emerald Shores, I (and my party) understand and agree to comply with Emerald Shores Neighborhood Rules.
Check-Out Policy and Procedures: We know you are on vacation, and we appreciate your choosing to stay at Emma's Estate. We require that you abide by our Check-Out Policy so cleaning and maintenance personnel can prepare the house for the next arriving guest as they arrive only hours after you leave. If you leave the house in great shape, the next family can have access to the unit on time. We appreciate your cooperation in following these procedures.
Adherence to the Check-Out Procedures below will best ensure no additional charges are necessary. Most of our guests follow all of these rules and incur no unexpected expenses. For the few that do not comply, this is notice that a $100.00 fee per incident or per hour (whichever applies), billed at the start of each hour, will be charged to your credit card in addition to any item-specific fees as listed below.
Please follow the Check-Out Procedures and leave the house neat and in an orderly fashion. Failure to do so may result in additional charges. If the cleaning team finds that the Check-Out Policy has not been followed or that the home is excessively messy, you may be charged additional fees. We ask that you leave the house in as good a condition as possible. The cleaner you leave it, the quicker it can be ready for the next guests. We appreciate your help with this!
Guest assures the Owners that any guest who violates any of the terms of this Lease shall be immediately denied occupancy and shall remedy any damages or other expenses which are caused by the guest and/or the guest's invitees.
Guest agrees that during the term of this lease and such further time as he/she occupies the premises, he/she will keep the leased premises clean and free of trash, garbage, and other waste; and all pipes, wires, glass, plumbing and other equipment and fixtures in the same condition as at the beginning of, or may put in during the term of the lease, reasonable wear and tear and damage by unavoidable fire and casualty only exception.
Indemnification: OWNERS shall not be liable for any damage or injury suffered by you, your family, guests, invitees, agents or employees or to any person entering the property. You agree to indemnify, defend and hold us harmless from any and all claims or assertions of every kind and nature.
The Policies and Procedures above are meant to protect GUESTS and OWNERS alike. All Guests, as well as Owners are required to conform to all Policies and Procedures. Violators are subject to eviction according to Florida Statute 509.141.
Acknowledgement: You have read and agreed to the terms and conditions of this agreement including the vacation rental property rules, community rules, and weather/pet/smoking/
We look forward to your visit!
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