Rental Agreement

Rental Agreement

  1. Check-In / Check-Out Times.Check-in starts at 4:00 PM (CST). Check-out time is 10:00 AM (CST). Late check-outs require approval and may require an additional fee.
  2. Advance Reservations and Rates.Reservations can be made up to one year in advance. We reserve the right to correct or adjust rates to the published rates at the time of the reservation in the event that they have been misquoted due to human and/or computer error.
  3. Reservation Deposit.A reservation deposit equal to 50% of the total booking charges is due at the time of reservation. This deposit will be applied towards the total booking charges due. The remaining balance is due 60 days prior to arrival.
  4. Payment of Rent.The balance of the rental fee is due 60 days prior to the Check-In date. For stays longer than 30 days the balance of the rental fee is due ninety (60) days prior to the Check-In date. We accept debit and credit cards (American Express, Master Card, Visa, and Discover).
  5. Travel Protection Insurance:Travel protection service is highly recommended and can be purchased directly from CSA as part of the reservation process or a number of independent reputable national providers including MH Ross, Alliance or TravelSafe Depending upon the source of your booking, it may or may not be automatically added as a separate item on your guest charge folio. If your guest charges on your contract include a separate line item for travel insurance, you are purchasing the insurance and are covered. If your charges do not include a separate line item for travel insurance, you are not purchasing the travel insurance, and you are not covered.
  6. Cancellations and Changes.Reservations may be cancelled or changed by notifying the Dune (Dune Real Estate Company) in writing at least 60 calendar days prior to your arrival date (“Cancellation Period”). In such instances, the full amount of your Reservation Deposit will be refunded, less a $250.00 administrative cancellation/change fee. In the event of cancellations or shortened stays made after the Cancellation Period, you will be responsible for the full amount of the total booking charges, conditions and restrictions may apply.
  7. Accidental Damage Waiver.Accidental damage insurance is included within your rental fee. This waiver provides you and your guests with coverage for accidental damage that may take place at the property during your stay for up to a total of $3,000 in damages. The waiver or coverage only applies to accidental damages that are reported prior to checkout. THESE ITEMS MUST BE REPORTED PRIOR TO YOUR DEPARTURE IN ORDER TO BE COVERED BY THIS DAMAGE WAIVER. Damages in excess of $3,000, as well as damages or losses excluded from or otherwise not covered by the waiver clause, will be charged to the guest.
  8. Property Availability and Refunds.Entering into this agreement reserves for you the specific property selected at the time of your reservation upon the receipt of your deposit and signed contract. In the event the property is not available at the time of rental for maintenance, owner usage, or other issues that may render the accommodations unsuitable for rental, and/or subject to the property remaining a Dune accommodation at the time of the stay, guests will be provided with a full refund or an opportunity to stay in an equivalently priced property if available. Notwithstanding Dunes’ efforts, if the specific property reserved is unavailable for any reason, guests will be limited to a full refund or similar accommodation at their election. In no event will Dune be responsible for any direct or indirect costs, expenses, fees or other consequential damages resulting from the unavailability of a specific accommodation.
  9. No Pets.Pets are not permitted in any Dune managed property. No exceptions will be made. Guests who violate this policy will be charged an additional $500, plus the expense of any necessary cleaning. Violations may also result in immediate eviction and forfeiture of rent.
  10. No Smoking.Smoking is not permitted in any Dune managed property either in the house, decks or outside premises. Guests who violate this policy will be charged an additional $500, plus the expense of any necessary cleaning. Violations may also result in immediate eviction and forfeiture of rent.
  11. Minimum stay requirements.Most of our properties require a minimum stay of three (3) nights. Longer stays may be required during peak seasons and holidays. One week minimum stays apply at some properties during peak and holiday periods, with Saturday arrival and Saturday departure.
  12. Maximum Number of Guests.The maximum number of guests per accommodation is based on the individual accommodation’s ability to comfortably and safely house our guests. If the maximum occupancy is exceeded, you may be asked to vacate the property and forfeit any rental payments. Weddings, parties and large gatherings are not permitted; occupancy by more than 1 ½ times the approved occupancy must be pre-approved by the Dune Vacation Rentals property manager.
  13. Age Requirements. All of our vacation rentals require a minimum of one adult over the age of 26 be staying at the property throughout the full rental term. Guests who violate this policy are subject to immediate eviction and forfeiture of all rental payments. In accordance with Florida State Statute 509.41, 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. A copy of your driver’s license is required prior to check in. It should be emailed to reservations@dunerec.com
  14. Departure Policies and Fees: Please be sure to put all trash in proper containers and place in outside garbage. Please place all dirty dishes in dishwasher and start. We reserve the right to charge an additional housekeeping fee if the home is left abnormally dirty and requires additional cleaning services. Late checkout beyond 10:00am may be subject to additional fees, if not pre-approved.
  15. Housekeeping.Your vacation accommodations will be cleaned to quality standards prior to your arrival and after your departure. You will be responsible for the cleaning of your unit during your stay and for leaving the unit in good condition at check-out. If units are found ab-normally dirty at check-out, additional charges will be charged to your credit card to assist in performing a deep cleaning of the unit.
  16. Amenities: Please note that accessibility to amenities such as pools, tennis & gyms varies among properties and communities. Included amenities are listed in the property description. Any lost pool passes or keys for homes carry a $50 replacement fee (we reserve the right to charge your on-file credit card). Guests are prohibited from removing bath towels from the home and may not be used at a pool or beach. A starter supply of paper towels, trash bags, dishwashing and laundry detergent, toilet paper and soap will be provided. It is the responsibility of the guests to supply additional house amenities for the duration of their stay.
  17. Linens, Bath Towels, & Household Supplies: Included in each property are a full set of bed linens and bath towels. A washer & dryer is provided for each home (carriage houses may not have a washer/dryer. The property description will list them if they are included).
  18. Beach & Pool Towels.Pool towels are included in each home that has a pool, unless the community provides beach towels as part of the amenity fee (i.e. WaterColor). Please bring beach and/or pool towels as we do not permit bath towels or linens to be taken from the unit except for laundering.
  19. Maintenance.During your stay, promptly report any maintenance problems to Dune. No refund or rate adjustment will be made for unforeseen failures such as the supply of electricity, water, pool filtration systems, air conditioning, telephone, internet, television or cable service, appliances, etc.
  20. Damage Policy.Guests are responsible for the property, its contents, and themselves during occupancy. Guests must lock windows and doors securely when not in the premises. Rear-ranging the furniture or removing any items from the unit is prohibited. GUESTS MUST REPORT ANY DAMAGES PRIOR TO YOUR DEPARTURE IN ORDER TO BE COVERED BY THIS DAMAGE WAIVER. After Check-Out, the Dune representatives will inspect the unit for damage, missing items, and abnormally dirty appearance. If damage is present, items are missing, or the unit is abnormally dirty, Dune will repair the damage, replace the missing items, and/or perform a deep clean of the unit at Guest’s expense. Guest authorizes Dune to charge the credit card on file to reimburse the Property Owner for any such expenses.
  21. Hurricanes and Severe Weather– Guests covered by CSA travel protection insurance may be entitled to a refund or partial refund in the event that the National Hurricane Center and our local governing officials issue a “Mandatory Evacuation” order for the location of your rental property, provided that you have purchased coverage before the storm was named. Any such refunds shall be subject to the terms, conditions and restrictions. Dune does not provide refunds for cancellations or shortened stays due to actual or anticipated hurricanes, tropical storms or other inclement weather.
  22. Security of Personal Property.We are not responsible for any acts of theft or vandalism, or other damages to any personal property or for personal items left by guest in the accommodation at departure.
  23. Prohibited Items: Pets, smoking fish cleaning are NOT permitted in the home. No cleaning of caught fish is permitted inside the home due to the odor. Guests who violate these policies will be charged a $500 fee plus the expense of any additional cleaning.
  24. No Subletting.The rental property may not be sublet. Your reservation is not transferable to any other party.
  25. Good Neighbor Policy.Please remember you are staying in someone’s home during your vacation. Please treat it with care and leave it in good condition at checkout. Guests must follow all rules and regulations of the community in which the home is located.
  26. Property Rules and Regulations.Please observe all rules and regulations governing the use of the property you are occupying. These rules apply to both owners and guests, and failure to comply can result in eviction.
  27. Golf Cart and Bike Liability.By signing the Rental Agreement electronically and accepting the terms and conditions attached thereto, Guests who rent units that provide complementary Golf Carts and/or bikes further consent to the express terms, conditions and waivers set forth in the attached Golf Cart Waiver and Damage Addendum and Bike Waiver and Damage Addendum, the terms and conditions of which are expressly incorporated herein.
  28. Notices.All notices required or permitted under this Agreement will be in writing and sent by certified mail, return receipt requested, by reputable oversight courier, by hand delivery, or by email. The notice address for Dune Real Estate Company is 1394 County Highway 283 S, Building 2, Santa Rosa Beach, Florida 32459 and bdickhaus@dunerec.com
  29. Applicable Law. This Rental Agreement shall be governed by, construed under, and en-forced and interpreted in accordance with the laws of the State of Florida.
  30. Venue and Jurisdiction.The exclusive venues for any civil action related to this Rental Agreement are the United States District Court for the Northern District of Florida, Pensacola Division, and the County and Circuit Courts sitting in Walton County, Florida. The Parties here-by submit to the personal jurisdiction of all the courts in the previous sentence and agree not to challenge such jurisdiction.
  31. Indemnification, Hold Harmless, Legal Disclaimer:

 

By signing and or submitting payment for this rental, Guests and any Occupants agree to indemnify, defend, and hold harmless the Owner, Landlord and Rental Property Manager for any liabilities, theft, damage, or expense whatsoever arising from any claim or litigation which may arise out of or in connection with Guests or Occupants use of rental property. This includes any claim or liability for personal injury, damage or theft of property, incurred or sustained by Guests or Occupants. If for some reason the reserved property becomes unavailable and a refund is due to renter, the property manager and owner will not be responsible for any other direct or indirect costs or fees.

  1. 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 CLAIM TO HAVE AGAINST THE OTHER WHICH ARISES OUT OF THIS AGREEMENT OR THE COURSE OF DEALINGS BETWEEN THE PARTIES.
  2. Entire Agreement.This Agreement constitutes the entire agreement between the parties and supersedes any prior understanding, marketing or agreement among them respecting the sub-ject matter hereof. There are no representations, arrangements, understandings or agreements, oral or written, relating to the subject matter of this Agreement, except those fully expressed herein. No waiver of any provision hereof shall be valid or binding on the parties hereto, unless such waiver is in writing and signed by or on behalf of the parties hereto, and no waiver on one occasion shall be deemed to be a waiver of the same or any other provision hereof in the future.
  3. 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.
  4. Headings.Section and other headings contained in this Agreement are for reference purposes only and are in no way intended to define, interpret, describe or limit the scope, extent or intent of this Agreement or any provision hereof.
  5. Swimming Pool and Hot Tub Usage – Release of Liability, Waiver of Claims, Express Assumption of Risk and Indemnity Agreement
  6. 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 Dune Vacation Rentals and or its affiliates and the Owner(s) of your rental Property (“Owners”), you hereby RELEASE, WAIVE, DISCHARGE, AND COVENANT NOT TO SUE, AND AGREE TO INDEMNIFY AND HOLD HARMLESS for any and all purposes Dune Vacation Rentals, LLC, Owners, and their respective officers, servants,agents, volunteers, or employees (herein 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.
  7. 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.
  8. You agree to be responsible for the day to day general safety conditions of any swimming pool and/or hot tub to use at your rental Property. This includes, but is not limited to, keeping the swimming pool, spa and/or hot tub clean of debris, keeping the swimming pool, spa and/or hot tub areas clean, neat and organized, keeping all gates and doors locked and the swimming pool, spa and/or hot tub area secured at all times, and operating the swimming pool, spa and/or hot tub in a safe, responsible manner.
  9. You understand that RELEASEES may not maintain any insurance policy covering any circumstance arising from your participation in this ACTIVITY or any event related to that participation. As such, you are aware that you should review Your personal insurance coverage.
  10. You hereby certify that you are at least 18 years of age and you are legally competent to enter into this Agreement, including the Release, Waiver, Assumption, and Indemnity provisions contained herein. You agree that it is your express intent that this release shall bind the members of your family and spouse if you are alive, and your heirs, assigns and personal representatives, if you are deceased, and shall be governed by the laws of the State of Florida.

 

GOLF CART LIABILITY WAIVER & DAMAGE ADDENDUM

The following terms apply to the use of any complimentary golf carts provided at one of Dune Real Estate Rental Properties:

  1. The person responsible for renting through Dune (who executes this Rental Agreement via their electronic signature) (hereinafter “Operator”) assumes complete liability for the care of and use of the golf cart during their stay, and assumes full liability and responsibility for ensuring adherence to the rules and safety information provided herein.
  2. Operator authorizes Dune to charge the damage deposit credit card or checking account on file for any damages, costs or liability resulting from or arising out of the use of the golf cart consistent with the terms of this waiver and agreement. The Accidental Damage Waiver does NOT cover damage to the golf cart or damage caused by the use or misuse of the Golf Cart, whether accidental or otherwise.
  3. Operator expressly acknowledges and agrees that operating a golf cart involves the risk of serious bodily injury or death, and/or property damage and hereby assumes such risk knowingly and voluntarily.
  4. Operator expressly acknowledges that he/she and any additional operators permitted to use the golf cart are licensed drivers, over the age of 20, and that they are familiar with the safe operation of golf carts and are certain of their own ability to operate a golf cart safely. Because many of the local communities have a no tolerance policy for the operation of golf carts by persons under 21, which may result in the home owner’s loss of use of the golf cart, Dune has adopted a similar no tolerance policy. If a person under 21 is found to have operated the Golf Cart provided, Operator will be fined $750.00 on the credit card or account provided. 
  5. In consideration of being permitted to operate and ride on the golf cart being provided, Operator does for themselves, their guests, their heirs, executors, administrators and as-signs, hereby release and forever discharge Dune Real Estate Company, LLC, its owners, agents, employees and assigns, as well as the Owners of the rental property and their as-signs, 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 golf cart whether by negligence or otherwise that result in injury or damage.
  6. No one is permitted to operate or drive the golf cart unless they are at least 21 years old and possess a valid driver’s license, and are operating the golf cart with the express per-mission of Operator, who hereby indemnifies and hold harmless Dune Real Estate Company, LLC, 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 said authorized driver.
  7. Golf carts are only allowed to be driven on the street within the property’s subdivision. The golf carts shall never exit the gated subdivision at any time for any reason.
  8. Rules of the road apply when golf carts are being driven through the subdivision. Opera-tor will obey all local, state and federal regulations regarding the operation of this equipment on public traffic ways, parking lots, and in public areas.
  9. Golf carts may be driven at night only if they are equipped with proper headlights and taillights.
  10. Operator agrees to properly secure the golf cart at all times to avoid theft, damage or unauthorized use.
  11. Operator agrees that the golf cart will only be left at his/her rental property overnight and not at any other locations.

With your electronic signature to this Rental Agreement its incorporated addendum, you consent that you have read, understand, and agree to this Golf Cart Liability Waiver and Damage Addendum. You are also stating that you, your family, your guests, or anyone that utilizes the golf cart from your reserved rental property has read, understands, and agrees to this GOLF CART WAIVER and holds both Dune Real Estate, LLC 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 golf cart as provided for my fully above.