Terms & Conditions
Leases must be paid in full 30 days prior to arrival date
Payments can be made by:
- Electronic Debit at no additional charge
Wire Transfer (plus associated fees)
- Personal Check payments up to 30 days of arrival
All rental payments due and owing under this LEASE shall be made payable to Water Pointe Realty Group.
RENTER agrees to pay the rent plus any and all sales taxes due during the LEASE on or before the dates noted on Lease. Taxes may be changed by governing agencies outside the control of OWNER or AGENT. RENTER is responsible for any tax increases.
In the event any payment is returned for insufficient funds the RENTER will pay a $50 (Fifty dollar) returned check charge.
Reservations and Deposits:
All reservations require a payment to hold chosen dates. The deposit amount varies according to each booking situation but generally speaking 1/3 of the total reservation is due at booking with the total balance paid in full 30 days prior to arrival date.
RENTER acknowledges and agrees to be at least 25 years of age and will present a suitable photo ID (such as a driver's license) to AGENT or OWNER prior to LEASE execution. Although only one RENTER will sign the LEASE AGREEMENT, AGENT requests all members of the rental party read the AGREEMENT and related documents.
Trip Interruption/Cancellation Insurance:
Each reservation is offered "opt in" Trip Interruption/Cancellation insurance at a cost of 7% of the reservation. Although not mandatory, AGENT strongly recommends purchasing the insurance to protect RENTER'S vacation investment. Trip Interruption/Cancellation insurance protects RENTER from unforeseen events such as job loss, illness, death, mandatory evacuation due to hurricane and the like. Absolutely no refunds will be issued for cancellation or interruption of RENTER'S stay due to hurricane or other inclement weather.
Arrival and Departure:
Standard arrival time is 3:00 pm EST. Every effort is made to have each property ready by check-in but RENTER acknowledges there is no guarantee due to the unknown condition the previous RENTER may have left the property and AGENT must have enough time to properly prepare the property for the next arrival.
Standard departure time is 9:00 am EST. Arrival and departure times outside of the stated normal hours must be approved in advance, in writing, by AGENT or OWNER. In the event RENTER should hold over beyond the term expressed without the permission of OWNER or AGENT, then it is clearly understood and agreed, unless there is an agreement between the parties to the contrary, the RENTER shall become obligated to pay double rent for the period during which RENTER refuses to surrender possession plus additional damages incurred including, but not limited to, the cost of alternative housing for other RENTERS displaced by RENTER'S holding over. RENTER may be removed summarily as provided by law. Unapproved late departures will be charged 50% of the Holdover Rate.
Upon the termination of the LEASE, regardless of how the same may be terminated, RENTER shall peaceably surrender the LEASED PREMISES to OWNER or AGENT in as good order, condition and repair as the same are at the beginning of the rental. RENTER acknowledges they are responsible for replacement costs of all unreturned or damaged rental keys, fobs, clickers, hang tags, and the like to the rental office in the Key Return envelope provided at the time of departure.
Standard Cleaning Fee:
RENTER shall pay in advance the applicable Basic departure Cleaning fee. The basic Cleaning Charge covers basic departure clean: dusting, floors, bathrooms, kitchen & appliances, 2 loads of dirty laundry per bedroom. RENTER is to load dishwasher with all soiled dishwasher safe utensils, kitchen wares, etc. and turn on the clean cycle. All soiled non-dishwasher safe items are to be hand washed, dried, put away, and kitchen sink to be free of items before tenant departure. Trash is to be disposed of using the appropriate community trash receptacles. RENTER is to return all furniture and electronics to original locations and operating condition, sweep/vacuum any excess sand from the floor. Any additional cleaning required beyond the Standard Cleaning will be deducted from the RENTER security deposit at the currently applicable hourly cleaning rate.
Owner provides many items for RENTER'S use & convenience; however, it is recommended those items be cleaned by RENTER prior to use as use may be infrequent and not part of a standard clean.
Key Release and Occupancy:
Property keys and related information are to be released only to the RENTER as indicated in this LEASE. Releasing of keys to anyone other than RENTER will be permitted only with the approval of OWNER/AGENT and RENTER
AGENT requires a security deposit to be paid by RENTER before check-in. RENTER acknowledges this security deposit will be held by AGENT in a separate Florida financial institution account (for the benefit of RENTER) without liability for interest, as security for the faithful performance by RENTER of all the terms and conditions of this lease. After the end of the lease, within 30 days, the OWNER or AGENT shall return the security deposit to the RENTER, less any deductions for lost, missing, or damaged items from the LEASED PREMISES or other claims under the terms of this LEASE. RENTER acknowledges it is RENTER’S responsibility to provide AGENT with the correct address for Security Deposit return. RENTER will be responsible for any costs involved in re-issuing security deposit checks due to incorrect address.
Authority of Agent:
RENTER acknowledges that AGENT is OWNER'S duly appointed AGENT and has negotiated the lease agreement with OWNER’S authorization, and, if executed by AGENT, that the agreement is executed with OWNER'S express consent and authorization.
AGENT advertises rental properties on many websites. Because information is not always updated in a timely manner on affiliate sites AGENT will only honor advertising listed on AGENT'S "master" site, www.VacationHutchinsonIsland.com. RENTER should always review www.VacationHutchinsonIsland.com for the most up-to-date information.
Holiday reservations are non-refundable. All cancellations are subject to $100.00 cancellation fee. Trip Cancellation/Interruption Insurance is offered to each guest to protect their vacation investment. Cancellations made outside of 120 days of the start date (with written notice to Owner's Leasing Agent) will be refunded - Rent, Taxes, Security Deposit, and unused Cleaning Fee. Trip and Damage insurances are non-refundable. Exception: The first installment for all leases 3 months or longer (87 days) is non-refundable and the first installment for all leases written six months or longer in advance of your arrival date is non-refundable. All Advanced Reservation Deposits are non-refundable.
Default of Payment:
In case RENTER should fail or refuse to timely pay any payment of rent to become due hereunder at the time and place provided, such failure or refusal continuing for as long as 5 (five) days, then OWNER or AGENT may re-enter and repossess the LEASED PREMISES and re-let the same and receive the rent therefrom without notice to RENTER.
Maximum Number of Persons Permitted to Occupy:
The occupancy limit is specified in the property listing and in the LEASE AGREEMENT. RENTER agrees not to exceed said limit including occupancy by domestic employees, children and overnight guests. RENTER may have overnight guests while he is personally occupying the LEASED PREMISES, but shall permit no one to use or occupy the same during his absence without the written consent of OWNER.
Non-Smoking Leased Premises:
RENTER acknowledges and agrees that smoking by RENTER and RENTER'S guests and invitees is prohibited in the LEASED PREMISES, including outside balconies, terraces, and surrounding common elements. A breach of this provision shall be considered a material breach of the LEASE and at the OWNER or AGENT'S discretion be grounds for immediate termination of the Lease. Any evidence of smoking in or around the property will result in an automatic additional charge of $500 or more depending on the cost of smoke remediation.
RENTER understands violation of this provision gives the OWNER or AGENT the right to deduct any monies necessary to restore the condominium to its smoke free condition prior to RENTER taking possession, including but not limited to “deep cleaning”, carpet cleaning, washing of all linens, dry cleaning, painting, vent/duct cleaning, and window washing.
Consumable Vacation Rental Items:
Each LEASED PREMISE is supplied with a complimentary roll of toilet paper and shower bar of soap for your immediate arrival convenience. Toiletries, dish soap, laundry detergent, cleaning products, paper towels, garbage bags and the like, as well as cooking spices, coffee filters, condiments and the like are the responsibility of the RENTER. RENTER'S are welcome to use any of the items left behind by the OWNER or previous RENTER.
Each LEASED PREMISE is furnished and equipped by the OWNER. AGENT makes no guarantee as to items present. RENTER is permitted to bring their own linens, kitchen items and the like. OWNER items must stay in the LEASED PREMISES.
RENTER agrees not to keep dogs, cats, wild or domestic animals on the LEASED PREMISES except in specifically approved pet friendly properties with appropriately completed pet addendum. Pet fee(s) and additional cleaning fees apply. Pets are only allowed in pet friendly properties, and if pets are brought into non-pet friendly properties, a charge of not less than $500 will be charged RENTER. RENTER agrees to be in full control of their pet at all times and take full responsibility for their pet. Pets should not be permitted on the furniture. If any of the pet terms are not met, RENTER is in violation of LEASE AGREEMENT and RENTER will be asked to vacate the LEASED PREMISES.
Payment of Charges Against Lease Premises:
(a). RENTER agrees that he will charge no long distance calls from the LEASED PREMISES telephone, if present and RENTER will be responsible for all telephone charges, if any. Most LEASED PREMISES have basic cable and RENTER agrees that no changes or charges will be made to the OWNER’S account without the advanced express approval of OWNER. RENTER will be responsible for any changes and/or charges made on the account during this LEASE period and any costs involved in returning the account to state prior to RENTER changes.
(b). Internet and WiFi are not automatically available in all LEASED PREMISES. Telephone land lines are not offered in the majority of LEASED PREMISES. Some OWNERS provide HD TV’s, DVD/CD player, and extended cable packages for their guest’s convenience and enjoyment, however, AGENT is not responsible for providing these services and does not have authorization to access or change OWNER accounts. If any of these services are required by RENTER, then RENTER is required to discuss with AGENT prior to entering into the LEASE unless otherwise agreed to in writing by OWNER or AGENT.
AGENT provides property rental services but does not maintain an information technology department to handle the hookup or installation of any computer/internet/WiFi, receivers, or media devices RENTER may bring, nor does AGENT have special access privileges with any local service providers. RENTER may contact the rental office for information on outside service support vendors. RENTER is responsible for all related charges and fees from vendor(s). AGENT is not responsible for any support service charges.
(c). The costs of service calls occasioned by the RENTER, including but not limited to service calls to unstop toilets, reprogram remote controls, reset circuit breakers, and unlock doors shall be charged to RENTER, and may be deducted from RENTER’S security deposit. In the event RENTER locks themselves out of the LEASED PREMISES outside of posted business hours, it is RENTER’S responsibility to contact emergency lock out service to arrange for re-entry. Cost of emergency service will be due at the time services are rendered and will be the sole responsibility of the RENTER. For your benefit, RENTER is provided information for local locksmiths; information is also posted in our island office lobby.
Use of Beach by Indian River Plantation Renter:
RENTER acknowledges that he has been advised that INDIAN RIVER PLANTATION PROPERTY OWNERS ASSOCIATION INC., controls certain ocean beachfront, that said Corporation has extended to persons lawfully occupying units in INDIAN RIVER PLANTATION, the members of their families and their guests, a limited license to use the beach area east of the coastal setback line for pleasure and recreational purposes. In addition to other conditions that may be imposed by said Corporation from time to time RENTER agrees and understands that:
(a). Such persons are not permitted to use the sand dune area above high water mark in front of privately owned apartments built on the ocean front.
(b). Automobiles, motor cars, motor carts, mopeds, and motorcycles are not permitted and may not be driven on the beach.
(c). Such persons are requested not to litter the beach with debris such as paper, bottles, or other refuse.
(d). Such persons are expected to observe proper formality of dress and action when using beach and are not permitted to make unnecessary noise which might disturb the owners of or persons occupying ocean front or other apartments at INDIAN RIVER PLANTATION.
(e). During turtle nesting season all oceanfront and ocean view properties must adhere to strict light restriction guidelines. RENTER agrees to prevent all interior and exterior lighting from being visible from the beach. a violation of these restrictions can result in fines.
The Ocean Club Membership:
Membership privileges are available only if the Owner of your vacation rental has purchased a membership. The Ocean Club is not owned or managed by the Owner or Agent. The Owner or Agent makes no representations and/or guarantees of any of its offerings, which are subject to change without notice.
No Liability for Inconvenience Resulting from Work Performed by Others:
RENTER acknowledges and agrees that OWNER and AGENT are unable to control scheduling or prevent condominium associations, the condominium association property managers, or other individual property owners in the residential buildings from performing building and facilities maintenance, capital improvement projects, equipment repair or replacement, or individual condominium renovation and remodeling projects. These activities may cause periodic interruption to use of condominium recreation amenities, building elevators and stairways, other facilities and common areas. The execution of these projects may also result in increased noise levels and obstructions in the common areas around the LEASED PREMISES. Any RENTER inconvenience or loss of use of common area facilities due to these activities is beyond the control of the OWNER and AGENT and no rental adjustments will be granted.
Appliances, equipment, utilities and the like cannot be guaranteed 100% of the time. In the event of equipment malfunction within the LEASED PREMISES, AGENT will use best efforts to expedite repairs. Any maintenance items must be reported by RENTER to AGENT as soon as possible, and may require outside vendors to repair and/or replace the equipment. OWNER and AGENT are not responsible for time delays caused by outside vendor schedules. Any RENTER inconvenience or loss of use of equipment within the LEASED PREMISES is beyond the control of the OWNER and AGENT and no rental adjustments will be granted. The signed LEASE AGREEMENT is a binding contract between OWNER and RENTER and RENTER acknowledges AGENT does not have the authority to move RENTER to another property without the OWNER'S complicit approval due to equipment malfunction or because RENTER does not like LEASED PREMISES.
RENTER agrees that OWNER or AGENT may enter LEASED PREMISES and all parts thereof at any time to investigate disturbances, make repairs, alterations, improvements, check for damage, inspect for occupancy, as deemed necessary for the preservation of said PREMISES.
Routine periodic pest control service is scheduled and managed by the condominium association property management company, and not by the OWNER or AGENT. RENTER agrees to allow the property manager’s designated vendor access to the LEASES PREMISES for scheduled service, and acknowledges food items should be stored in closed containers. AGENT will use best efforts to report the significant presence of any Florida pests within the LEASED PREMISES to the property management company, and advocate for additional service to eliminate the pests. Notwithstanding the foregoing, AGENT and OWNER will not grant any rental adjustments due to the presence of Florida pests within the LEASED PREMISES, or for any untimely delay in vendor pest control service by the condominium property manager.
Liability for Damage to Owner Personal and Real Property:
Accidental Damage protection insurance is included in each reservation. The damage protection is an "opt-in" feature, RENTER may opt for a higher traditional security deposit instead. Damage Insurance does not cover intentional damage or negligence resulting in damage to any part of the LEASED PREMISES, including damage to the furnishings, household items, fixtures or appurtenances, landscaping, building, plumbing, sewerage, electric lights, wiring, etc., ordinary wear and tear excepted, occurring as a result of RENTER'S occupancy and caused by or due to any act or neglect of RENTER, guests and invitees of RENTER. RENTER is responsible for intentional damage or damage due to negligence, theft or missing items as determined by OWNER or AGENT during RENTER'S occupancy. RENTER shall pay OWNER or AGENT forthwith the cost of repair for any damage and agrees to immediately pay the cost of replacing any such lost items. RENTER hereby authorizes OWNER or AGENT to deduct the costs of repair or replacement from any security deposits held hereunder.
RENTER agrees not to enter or force open any locked closets or rooms which are reserved by OWNER for storage of property or furnishings owned by OWNER and not included in the rental of the LEASED PREMISES.
RENTER may not, without the written consent of OWNER remove any of the furniture or furnishings from the apartment for the purpose of storage, or for any other purpose, nor may he place interior furniture or furnishings on the porches or lawns or in the garage where such furniture or furnishings would be subject to heat, weather, and unusual wear and tear. Neither shall RENTER rearrange furniture or furnishings in the LEASED PREMISES without restoring them to their original location before departure. RENTER will be charged an applicable hourly labor rate if AGENT is required to return items to their original place.
RENTER shall not make any alterations, additions or betterments in, to or on the LEASED PREMISES without the written consent of OWNER. If such consent is granted, all alterations, additions and betterments made in, to or on said LEASED PREMISES, except portable furniture and fixtures put in by RENTER, shall become the property of OWNER and shall remain upon and be surrendered with said LEASED PREMISES as a part thereof at the termination of the rental term.
Liability for Damage to Renter's Property:
AGENT makes no representation as to the condition or description of the LEASES PREMISES. AGENT makes best effort to ensure description is accurate at the time of LEASE execution. RENTER hereby accepts delivery of the LEASED PREMISES and all PERSONAL PROPERTY in its current “as is” condition, and releases OWNER and AGENT from all liability whatsoever in regard to the condition of the LEASED PREMISES and all PERSONAL PROPERTY located therein. All personal property of RENTER in or on the LEASED PREMISES shall be utilized thereon at the risk of RENTER, and OWNER and AGENT shall not be liable to RENTER for any loss, theft, or damage to any such property, either in or about the LEASED PREMISES.
Liability of Owner and Renter:
RENTER agrees to reimburse OWNER upon demand in the amount of the loss, property damage, or costs of repairs or service, including clogged plumbing, caused by use of the RENTER, guests, and invitees. RENTER at all times, will indemnify and hold harmless OWNER from all losses, damages, liabilities and expenses which can be claimed against OWNER and AGENT for injuries or damages to the person or property of any persons, caused by the acts, omissions, neglect or fault of RENTER, guests, and invitees, or arising from RENTER’S failure to comply with any terms of this LEASE, applicable laws, statutes, ordinances, or regulations.
Destruction by Fire, Water, or Storm:
If, during the term of this LEASE, the LEASED PREMISES are destroyed by fire or the elements, or are partially destroyed so as to render them unfit for occupancy and they are so badly damaged in the opinion of the OWNER, they cannot be repaired with reasonable diligence and within a reasonable time from the occurrence of such event, then this LEASE shall become null and void from the date of such damage or destruction and RENTER immediately shall surrender possession to OWNER. Neither party here to shall have any other or further rights or be under any other or further obligation to the other on account hereof, except rental provided for herein shall then be accounted for by and between OWNER and RENTER up to the time of such damage or destruction of the LEASED PREMISES, RENTER paying rental up to such date and OWNER refunding rentals collected beyond such date. If LEASED PREMISES are only slightly or partially damaged by fire, water, or the elements so as not to be rendered unfit for occupancy, then OWNER with reasonable promptness and dispatch shall repair the same and in that case the accruing of rent hereunder shall not cease or be interrupted.
Violation of Covenants or Abandonment:
If RENTER shall violate or omit to perform any of the covenants or conditions herein contained, or if the LEASED PREMISES shall become vacant or RENTER shall abandon or desert said LEASED PREMISES, then OWNER, or any person by his order, or AGENT, may re-enter the same, either by force, statutory proceedings or otherwise, without being liable to any prosecution therefore, and may either elect to terminate this LEASE or may re-let said LEASED PREMISES at any time for whatever rent he may obtain, applying the results of such letting first to the payment of such expenses as OWNER or AGENT may incur in re-entering and re-letting, and then to the payment of rent due hereunder and the fulfillment of RENTER'S covenants, and in the event of deficiency, RENTER shall remain liable therefore. If such violation or default shall consist of the failure of RENTER to pay the rent at the time and place provided such failure continuing for as long as 5 (five) days, then OWNER or AGENT may re-enter the LEASED PREMISES and re-let the same and receive the rent therefrom, and without notice to RENTER.
This LEASE shall not be assigned by RENTER nor the LEASED PREMISES sublet by him, without the consent in writing of OWNER or AGENT endorsed hereon.
Property for Sale:
In the event a bonafide sale or transfer of the LEASED PREMISES is consummated after the execution of the LEASE, the LEASE will be binding on all successor owners, transferees, heirs, and assigns.
Should the LEASED PREMISES currently be or in the future become listed for sale by the OWNER during the term of the LEASE RENTER agrees to allow the OWNER or their licensed Realtor to show the property to prospective sale prospects upon 24 (twenty four) hour advance notice by the AGENT. Every effort will be made to schedule showings at a time convenient to RENTER to minimize vacation disruption.
All rights and remedies of OWNER or AGENT under this LEASE shall be cumulative of the other rights and remedies allowed by law, and RENTER agrees to pay all reasonable attorney’s fees and expenses of OWNER and AGENT in enforcing any of the provisions of this LEASE.