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Guest Rental Agreement

Please read your vacation rental agreement carefully before you begin your vacation.

Any monies received by Diamond Gulf Rentals for occupancy of vacation property indicated the acceptance of the terms of our vacation rental agreement in full. All policies are strictly enforced. It is the responsibility of all guests and members of their party to be familiar with all policies pertaining to rental.

1. ARRIVAL / DEPARTURE
Check-in begins at 5pm Central time. Check-out time is promptly at 9am Central time. N­­o early-arrivals or late-departures permitted. If the check-out time is not met, a half-day of rent will be charged.
2. RESERVATION DEPOSIT
A payment of 25% of the total charges is due at the time of booking. Visa, MasterCard, Discover or E-check/ACH bank draft are accepted. No guest holds on any reservation will be made without this reservation deposit.
3. PAYMENT
The balance of the reservation is due sixty (60) days prior to the arrival date. The final payment is to be made with cash, check, or electronic-check/ACH bank draft only. If a booking is made within 14 days of arrival, only cleared funds are accepted. Failure to make full final payment by the due date will result in a cancellation of your stay and forfeiture of all payments made. Diamond is charged bank fees for returned checks or ACH bank drafts. Charges outlined in the fee schedule in Section 7 will be passed along and added to your reservation.
4. TRAVEL PROTECTION
In case of certain unforeseen events, you may protect your vacation investment by selecting travel protection provided through RentalGuardian. The protection is optional.

2 Travel Protection plans available:

PLAN 1: STANDARD PROTECTION, 7%  (100% refunded for covered reasons)

May be added up until the day before your arrival.

PLAN 2: CANCEL FOR ANY REASON, 9.8%  (100% refunded for covered reasons and 60% refunded for all other reasons)

As long as your stay is 30+ days away, this plan may be added within 14 days of booking.


Full details about Travel Protection plans can be obtained by reviewing the details of coverage at  .
PLANS CAN BE PURCHASE ONLINE ATor by contactinga Diamond Gulf Rentals agent.


5. CANCELLATION
If you must change or cancel your reservation for any reason, Diamond must be notified in writing. Any change to reservation dates may be treated as a rescheduled stay.

Prior to arrival Cancellation results in: Reschedule results in:
90+ days 100% refund less cancellation and non-refundable fees 100% credit less change fee
30-89 days 25% refund less cancellation and non-refundable fees 35% credit less change fee
<30 days Forfeiture of money paid; guest is responsible for the full amount of the booking Forfeiture of money paid; guest is responsible for the full amount of the booking

Non-refundable fees include fees like administrative fees, convenience fees and travel protection. The cancellation and change fee is $300. A credit expires after 1 calendar year of the original reservation dates.

These losses may be avoided if you purchased a Travel Protection policy and the reason for cancellation is covered under those terms and conditions. No discount to the total booking charges nor any refunds will be given for any adjustments or changes to your reservation after the Cancellation Period for any reason, including late arrivals, early departures, inclement weather, maintenance and/or housekeeping issues, failure, outages or noise.

6. DAMAGE – Guests are responsible for the property, its contents, and themselves during occupancy.  Guests must lock windows and doors securely when not in the premises. Rearranging the furniture or removing any items from the unit is prohibited. After departure, Property Manager will inspect the unit for damage, missing items, and abnormally dirty appearance. If Property Manager determines that damage is present, items are missing, or the unit is abnormally dirty, Property Manager will repair the damage, replace the missing items, and/or perform a deep clean of the unit at guest’s expense.
6.1. ACCIDENTAL DAMAGE WAIVER
Included with your stay is a waiver for unintentional damages up to $1,500 to the rental property interior that occur during your stay provided they are disclosed to management prior to check-out. Any accidental damages that exceed $1,500 or damages that are not waived will be charged to the credit card on file. Damages that are not reported prior to checkout are not waived. Damages to the rental property exterior, damages to linens, theft of a rental property contents, leaving the unit excessively dirty, or any violation of this Rental Agreement or Check-out Procedures are not waived. Read more details in the Damage Waiver Addendum at the end of this agreement.6.2 REFUNDABLE SECURITY DEPOSIT – A security deposit may be required at some of properties. It is fully refundable within 14 days of departure, provided the following provisions are met:

6.2.1 No damage is done to the property or its contents
6.2.2 No contraband or pets during the stay
6.2.3 All debris and garbage in the house and around the pool area are placed in garbage cans
6.2.4 No bonfires or open flame on the rental property
6.2.5 Dirty dishes are placed in the dishwasher and cleaned
6.2.6 All keys, garage door openers, fobs, wristbands remain in the property
6.2.7 All charges accrued during the stay are paid prior to departure
6.2.8 Linens are not lost or damaged
6.2.9 Late check-out does not occur
6.2.10 The guest is not evicted by the Property Manager or the local law enforcement
6.2.11 Rental is left in a neat and orderly condition and is not excessively dirty requiring additional cleaning / housekeeping staff
6.2.12 No violations of rental, county or association policies
6.2.13 Maximum occupancy is not exceeded
6.2.14 An event or wedding is not held without written permission from the Property Manager

I authorize my credit card and/or bank ACH on file to be charged for items not covered by the waiver or security deposit.

7. RESPECTING THE PROPERTY AND ITS GUIDELINES
Diamond’s properties are owned by families like yours and are being graciously shared with your family. Observe all rules and regulations governing the use of the property and neighborhood you are occupying. These rules apply to both owners and guests, and failure to comply may result in fines, immediate eviction and forfeiture of payments made.If you choose not to respect our homeowners’ homes, we ask that you do not book or immediately cancel your existing stay immediately.
I understand that this property is a family’s personal home and I will respect and care for it as if were my own.

Occurrence:
Results in:
Returned check or ach bank draft
$45
Checking out <1 hour late
$100
Checking out >1 hour late
50% of nightly rent
Loss of property key, fobs, garage door openers
$50 per item
Loss of community wristbands
$25 per item
Unauthorized pet
$500 + cleaning + eviction if pet not removed
Smoking inside
$500 + odor treatment + eviction possible
Property not left “broom clean”
50% additional cleaning rate
Dishes left unwashed
$75
Garbage left inside the property
$75
Garbage not bagged in outside cans
$75 per can
Garbage cans not stored in proper location
HOA/city fines up to $100 per occurrence
Neighborhood rule violation
HOA fines up to $400 per occurrence
Disabling/ tamper with pool alarms
$1,000
Damaged, misused or stolen bath linens
$20 per item
Damaged, misused or stolen bedding
$100 per item
Holding an event without written approval
$3,000 + cleaning + HOA/city fines

I authorize my credit card and/or bank ACH on file to be charge for these items.

8. WEDDINGS / EVENTS
All weddings or events must be pre-approved in writing by Property Manager. An event fee, based on the property will be assessed for any weddings or events. All events must meet County restrictions, Homeowners Association restrictions and follow noise restrictions. The guests are responsible for any permits necessary for beach weddings. There is a maximum number of people permitted to be on the property for a wedding/event. This number will be established by Property Manager based on the property. Violations may result in immediate eviction and forfeiture of payments made. Charges are outlined in the fee schedule in Section 7. An Event Addendum that details the guidelines specific to the property will be required to be signed in addition to this Agreement.
9. PROPERTY SELECTIONS
Diamond Gulf Rentals appreciates that its luxury accommodations offer different appointments, designs and layouts, and that reservation holders want the peace of mind that they will stay in the specific units they selected.  Accordingly, we will reserve for you the specific unit selected at the time of your reservation upon the receipt of your deposit and signed Agreement.  Subject to availability for maintenance, owner usage, or other issues that may render the accommodations unsuitable for rental, and/or subject to the property remaining as a Diamond Gulf Rentals accommodation at the time of the stay, guests will be placed in the specific unit set forth in their Agreement, or otherwise provided with a full refund or an opportunity to stay in an equivalently priced accommodation if available.  Notwithstanding Diamond Gulf Rentals’ efforts, if the specific unit reserved is unavailable for any reason, guests will be limited to a full refund or similar accommodation at their election.  In no event will Diamond Gulf Rentals be responsible for any direct or indirect costs, expenses, fees or other consequential damages resulting from the unavailability of a specific accommodation.
10. PETS
Pets are NOT ALLOWED in most properties. Pets are only allowed in pet-friendly properties, with restrictions, and guests must get pre-approval with Diamond Gulf Rentals in advance and pay a non-refundable pet fee.  Guests who violate this policy will be charged a fee, plus the expense of any necessary cleaning.  Violations may also result in immediate eviction and forfeiture of payments made. Charges are outlined in the fee schedule in Section 7.
11. NO SMOKING
Smoking is NOT ALLOWED in any property.  Guests who violate this policy will be charged a fee, plus the expense of any necessary cleaning.  Violations may also result in immediate eviction and forfeiture of payments made. Charges are outlined in the fee schedule in Section 7.
12. MAXIMUM GUESTS
The maximum number of guests per accommodation is based on the individual property’s occupancy rating. For liability and safety, the listed maximum occupancy of the house may not be exceeded. Violations may result in immediate eviction and forfeiture of payments made.
13. MINIMUM AGE REQUIREMENTS
All properties require a minimum guest age of twenty-five (25) years old. No units will be rented to vacationing students or young adults under the age of 25 unaccompanied by a responsible parent or guardian at a ratio of four (4) young adult to one (1) guardian.  A parent or guardian must be staying in the unit at all times. Proof of age may be required from all guests prior to arrival. Guests who violate this policy are subject to immediate eviction and forfeiture of all payments.  In accordance with Florida State Chapter, reservations made under false pretense are null and void and check-in will not be allowed or guests will be asked to vacate the accommodations.  This policy includes reservations made by parents or guardians who do not check in, and/or who leave overnight during the length of the stay.
14. NO SUBLETTING
The property may not be sublet. Your reservation is not transferable to any other party.
15. HOUSEKEEPING
Your property will be cleaned to our quality standards prior to your arrival and after your departure.  Upon arrival, if you find the quality of cleaning is not to your standards, please notify us within 48 hours of arrival for our team to resolve any issues. You will be responsible for the cleaning of your unit during your stay and for leaving the unit in broom clean condition at check-out.  We respectfully request that you remember that you are staying in someone’s home during your vacation; please treat it with the care you would your own.  If units are found abnormally dirty at check-out, additional charges will be charged to your credit card to assist in performing a deep cleaning of the unit.  All stays will be subject to a cleaning fee.  Additional cleanings can be arranged during your stay for an additional fee.
15.1 DEPARTURE CONDITION – The regular departure cleaning charge is priced on guests leaving the house broom clean, so we can focus on sanitizing. If our housekeepers have additional cleaning to perform, charges outlined in the fee schedule in Section 7 will apply. If you have difficulty keeping a clean house, you may opt to pay to have daily or mid-week cleaning, prices are located in the Welcome Guide. In order to avoid additional cleaning charges, leave the house nearly broom clean which is defined as:
-Wash and store the dishes in cabinets; the last load of dishes is allowed to be running in the dishwasher
-Remove garbage from the inside of the house and place bagged trash in the outdoor garbage cans
-Organize neat & orderly with kitchen items stored in cabinets, remotes placed back on TV stands, furniture & decor placed back where they were on check-in
-Clean any food or spills from refrigerator, counters, floors, appliances
-Burn off grease & food from the outdoor grill
-Clean off sand off any provided items such as golf cart, bicycles, beach chairs, beach toys
16. BEACH TOWELS 
Please bring beach and/or pool towels. We do not allow the property’s bath towels or linens to be taken from the unit. Charges are outlined in the fee schedule in Section 7.
17. MAINTENANCE
During your stay, promptly report any maintenance problems to Diamond Gulf Rentals. No refund or rate adjustment will be made for unforeseen mechanical or service failures such as the supply of electricity, water, pool filtration systems, air conditioning, telephone, television or cable service, appliances, etc.
I understand that no refund or rate adjustment will be issued if items are resolved within 48 hours of reporting them to Diamond.
18. HURRICANE POLICY
Travel Protection is recommended for best coverage resulting in a “Mandatory Evacuation” resulting from a hurricane or severe weather. Guests may be entitled to a refund or partial refund in the event that a governing office issues a “Mandatory Evacuation” order for the location of your rental property. For cancellations or shortened stays due to anticipated hurricanes, tropical storms or other inclement weather, refunds will not be issued.
19. SWIMMING POOL POLICY

19.1 In consideration for receiving access and/or permission to use any swimming pool, spa or hot tub (“Activity”) at your rental Property or otherwise made available to you as an amenity in conjunction with your rental by Diamond and the Homeowner(s) of your rental Property, you hereby release, waive, discharge, and covenant not to sue, and agree to indemnify and hold harmless for any and all purposes Diamond Gulf Rentals LLC, Homeowner(s), and their respective officers, servants, agents, volunteers, or employees (collectively referred to as “Releasees”) from any and all liabilities, responsibilities, claims, demands, causes of action or injury, including death, that may be sustained by you or your guests or invitees while participating in such Activity, whether caused by Releasees’ active or passive negligence.

19.2 You agree that you are fully aware that there are inherent risks involved with Activity, including but not limited to possible physical injury (including, but not limited to broken bones, strains, sprains, bruises, concussions, heart attack, heat exhaustion) and loss of life and you choose to voluntarily participate in said Activity with full knowledge that said Activity may be hazardous to you, your guests, your invitees, and your property (“You”). You voluntarily assume full responsibility for any risks of loss, property damage or personal or emotional injury, including death, that may be sustained by You as a result of participating in said Activity, whether supervised or unsupervised. You further agree to indemnify and hold harmless the Releasees for any loss, liability, judgment, settlement, damage or costs, including court costs and attorney’s fees for both the trial and appellate levels that may occur as a result of or in any way related to Your participation in said Activity, whether caused by Releasees’ active or passive negligence or otherwise.

19.3 Pools have electrical/mechanical components. These components can sometimes malfunction. Diamond, the Homeowner(s) and its Vendors cannot be held responsible for a malfunctioning pool. Please inform Diamond as soon as possible if the pool is not working properly. No compensation will be given for a malfunctioning equipment or heater. Diamond, the Homeowner(s) and its Vendors will do everything in its power to rectify any problems with malfunctioning equipment as quickly as possible. A daily fee, specific to the property rented is required to heat the pool. Pools will not be heated if the outside temperature is lower than 45 degrees. The swimming pool and chemicals are maintained by its Vendor, however you agree to be responsible for the day to day safety and cleanliness: keep the swimming pool, spa and/or hot tub clean of debris, keeping all gates and doors locked, keeping the swimming pool, spa and/or hot tub area secured at all times and keeping the required Florida code door pool alarms working and not tampered with.

20. BICYCLE LIABILITY
By signing the Agreement, guests who rent units that provide complementary bicycle further agree to the express terms, conditions and waivers set forth in the attached Bike Waiver and Damage Addendum.
21. LIABILITY 

21.1 Diamond and the Homeowners of this property are not liable for loss, damage of property, injury to the guests during their stay on the premises. Guest will release, waive, discharge and covenant not to sue the managers or owners of this property, its officers, staff, agents, or employees for any liability, claim and or cause of action arising out of or related to any loss, damage or injury, including death that may be sustained by me or to any property belonging to me arising out of use of the house or property.

21.2 Guest will defend, indemnify and hold Diamond Gulf Rentals (including its members, officers, and employees), harmless from any and all claims, liabilities, losses, costs and expenses (including, but not limited to, reasonable attorneys’ fees and costs of suit) incurred by Diamond Gulf Rentals as a result of or arising out of the breach of this Agreement by guest, except to the extent such claims, demands and actions arise from the negligence or willful misconduct of Diamond Gulf Rentals.  The indemnified party shall promptly notify the indemnifying party of any such claim and shall, at the request and expense of the indemnifying party, cooperate in the investigation and defense of such claim.

22. SEVERABILITY
If any term or provision of this Agreement is held illegal, invalid or unenforceable, such illegality, invalidity or unenforceability shall not affect the legality, validity or enforceability of the remainder of this Agreement.
23. ACCEPTANCE
By making payment for this reservation, staying in the property and/or signing electronically, guest agrees to all terms and conditions of this agreement.

Accidental Damage Waiver Addendum


Guests who have a non-refundable Accidental Damage Waiver 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 waiver is not insurance.  It is a non-refundable, one-time charge per reservation that waives 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 Waiver fee and the execution of this Agreement, which incorporates the terms of this limited waiver clause, Property Manager hereby waives the right to charge the guest for any reported 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 (hereinafter “Damage Limit Amount”).

Guests are responsible for any damages or losses in excess of the Damage Limit Amount, as well as any damages or losses excluded from the terms herein.

Conditions & Limitations

The Accidental Damage Waiver has certain conditions, limitations and exclusions.  This Accidental Damage Waiver 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 Property Manager prior to checking out of the property;
  4. Theft that results from guest’s failure to lock or secure the premises or property, including items such as bikes.
  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
  6. Damages resulting from unauthorized smoking on or in a property by guest or guest’s invitee.
  7. Damage to a golf cart provided with the rental property.
  8. Loss or Damage in excess of the Damage Limit Amount.
  9. Loss or Damage to any personal property of guest or guest’s invitee.

The policy applies only to the direct physical loss or damage to covered property.  It does not cover loss of use of such property.

Procedures

When a guest provides notice to Property Manager prior to check-out of accidental or inadvertent damage to the property at www.diamondgulfrentals.com/oops, Property Manager 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 Property Manager provided there is some reasonable basis for making such a determination.  Property Manager has ultimate claim administration authority.

I acknowledge that any reported accidental damages that exceed $1,500,damages that are not waived or damages that arenot reported prior to checkout atare not waivedandwill be charged to my credit card on file.

 

Bicycle Liability & Damage Addendum


The following terms apply to the use of any bicycles provided at one of Diamond Gulf Rentals’ properties:

  1. The person responsible for renting through Diamond Gulf Rentals (who executes this Agreement via their electronic signature) (hereinafter “Operator”) assumes complete liability for the care of and use of any complementary bicycles provided during their stay, and assumes full liability and responsibility for ensuring adherence to the rules and safety information provided herein.
  2. Operator expressly acknowledges and agrees that operating a bicycle involves the risk of serious bodily injury or death, and/or property damage and hereby assumes such risk knowingly and voluntarily.
  3. In consideration of being permitted to ride the bicycles provided, Operator does for themselves, their guests, their heirs, executors, administrators and assigns, hereby release and forever discharge Diamond Gulf Rentals, their owners, agents, employees and assigns, as well as the owners of the rental property and their assigns, from any and every claim, demand, action or right or action of whatever kind or nature, either in law or in equity, arising from or by reason of any bodily injury or personal injuries, known or unknown, death or property damage resulting, or to result, from any accident that may occur and any activities in the operation of the bicycles whether by negligence or otherwise that result in injury or damage.
  4. Operator also hereby indemnifies and holds harmless Diamond Gulf Rentals, its owners, agents, employees and assigns, as well as the Owners of the rental property and their assigns, from and against any claims or suits made or filed by anyone who rides the bicycles provided to Operator through this Agreement (including, but not limited to, reasonable attorneys’ fees and costs of suit).
  5. Rules of the road apply when bicycles are being ridden.  Guests will obey all local, state and federal regulations regarding the operation of this equipment on public traffic ways, parking lots, and in public areas, including but not limited to:
    1. A bicycle rider or passenger (including a child who is riding in a trailer or semitrailer attached to a bicycle) who is under 16 years of age must wear a bicycle helmet that is properly fitted and is fastened securely upon the passenger’s head.
    2. Children under 4 years of age, or who weigh 40 pounds or less, must be in a seat or carrier that is designed to carry a child of that age or size and that secures and protects the child from the moving parts of the bicycle.
    3. A bicycle rider may not allow a passenger to remain in a child seat or carrier on a bicycle when the rider is not in immediate control of the bicycle.
    4. Please always ride in the lane marked for bicycle use if one is available.
    5. Because the bicycles provided are not equipped with the statutorily required lighting sufficient to allow riding in the dark, no riding between sunset and sunrise is permitted.
  6. Parents and guardians are responsible for ensuring that minor children are in compliance with these safety guidelines.
  7. Operator agrees to properly secure the bicycles at all times to avoid theft, damage or unauthorized use.  This includes ensuring that all bikes are locked and properly secured when they are ridden to another location.  Every bike should come with a lock.  If a bike is lost during your stay, or stolen, your credit card or checking account on file will be charged $350.00. The accidental damage protection policy is for the property and does not apply to theft or damage of the bicycles.
  8. Operator agrees that the bicycles will only be left at his/her rental property overnight and not at any other locations.

With your electronic signature to this Agreement, you agree that you have read, understand, and agree to this Bike Liability Waiver and Damage Addendum. You are also stating that you, your family, your guests, or anyone that utilizes the bicycles from your reserved rental property has read, understands, and agrees to this Bike Liability Waiver and Damage Addendum and holds Diamond Gulf Rentals and the owner of the rental property you are staying in completely harmless and free of any and all liability that may arise from use of the bicycles as provided above.

 

SIGNATURE
I have read the Diamond Gulf Rentals rental agreement and agree to the terms, and hereby authorize my card to be charged for the total stated in this agreement.

By booking online, the guest agrees to all terms and conditions of this rental agreement.