Terms & Conditions
TMI Real Estate Company & Rentals, Inc.
Rental Agreement, Rules, Regulations & Credit Card Authorization.
Thank you for booking and we hope you enjoy your stay in our property!
RESERVATIONS: All Reservations are subject to Management and Property Owner approval. Online rates are subject to change without notice.
Should there be ANY issues with the reservation, you will be contacted within 48 hours.
SECURITY DEPOSIT: A major credit card is required on file for all reservations, regardless of the payment method used to reserve the Property. If you do not have a major credit card, Agent will require a $250-$1500 refundable security deposit (depending on which property), which is to be paid along with your final payment (45 days prior to your arrival). Security Deposit returns will be processed up to 30 days after Guest’s departure for claims against the security deposit: These claims do not differentiate between accidental, inadvertent, intentional, or grossly negligent damages. All damages of any kind will be charged against the security deposit. Any electric overages will also be charged against this.
PROPERTY: Guest rents, for vacation purposes only, the furnished real property and improvements described.
ARRIVAL & DEPARTURE: Check-in time is no earlier than 4:00 PM on arrival date. This time may be delayed should unforeseen circumstances arise. Check-out time is NO LATER than 10:00 AM on the departure date. Early Check In and Late Check Out options are available for an additional fee if available and must be approved and confirmed by an agent.
PAYMENTS: ALL PAYMENTS ARE NONREFUNDABLE. Outside 45 days of arrival, Deposit Payment is due to reserve property. Balance Payment is due 45 Days before Arrival and will be charged automatically to same credit card used, unless communicated otherwise. Within 45 Days of arrival, total is due to reserve property. ALL Payments are NONREFUNDABLE. Currently we do not offer Vacation Rental Insurance however it can be purchased separately and if info is needed, please get in touch. PAYMENT BY CHECK/ZELLE/MONEY ORDER ENABLES CREDIT CARD DISCOUNT OF 3%.
CANCELATIONS & REFUNDS: ALL PAYMENTS ARE NONREFUNDABLE. If Reservation is canceled outside 45 days of arrival, Deposit Payment will be forfeited, and Guest is released from financial liability on remaining balance owed. Cancelations with less than 45 day notice will result in 100% loss of all payment less any security deposit. If we can replace Guest reservation and rebook the dates, we will credit you 75% of the recouped rent towards another reservation in the future. If booking was initiated through a Third party, those cancellation terms apply and supersede above.
UNAVAILABILITY: For any reason beyond the control of Management, the Premises become unavailable, Management may substitute a comparable unit or cancel this Agreement and refund in full all payments made by Guest.
STRICT NOISE ORDINANCE: We have a strict noise ordinance that must be followed. No loud noises, music, load vehicles are allowed between the hours of 10:00 pm and 7:00 am. Please note if the these are not followed you can be fined and asked to vacate the property.
NO PARTIES: All of our rentals are in residential areas and may NOT be used for weddings, receptions, parties, or large gatherings. Any disruptive events could result in the eviction and forfeiture of entire rental amount and security deposit.
APPROVED GUESTS AND USE: The Premises are for the sole use as a personal vacation residence by Approved Guests. Reserving Guest is responsible for any guests that use the property during the term of this agreement. Guest may not exceed Max Occupancy for Property at any time. The maximum number of Guests is set by the Property Owner and/or the association or by state law and includes small children and infants. The maximum occupancy for your Property is noted on your confirmation. Your rental rate may vary depending on the number of occupants. In the event occupancy is exceeded beyond the maximum occupants allowed for the Property, Guest will be asked, and agrees, to vacate the Property immediately. In such event, Guest shall forfeit all payments.
OCCUPANCY: Approved Guests are persons who will occupy the Premises. No unlawful activity or any other activity that constitutes a nuisance is permitted on Premises. Approved Guests take full responsibility for all lost or broken items, and any damages to the Property of any kind.
CLEANING: Linens and bath towels are included in each Property and have been inventoried prior to Guest’s arrival. Agent cannot guarantee Guest’s Property will supply beach towels or equipment. Guest’s Property is cleaned prior to Guest’s arrival and upon Guest’s departure, but does not include daily maid service. Daily maid service can be arranged with a minimum of 24 hours notice for an additional charge. Cribs and other child care needs or other guest convenience items are offered at an additional charge and can be arranged prior to Guest arrival. Preferences will be noted but not guaranteed.
PETS: Pets are NOT allowed. If unauthorized pet is discovered on Premises, Guest will be asked to leave without refund as Guest will be in breach of this Agreement.
NO SMOKING: No smoking is allowed on the Premises. If smoking does occur on the Premises, (i) Guest is responsible for all damage caused by the smoking including, but not limited to, stains, burns, odors and removal of debris; (ii) Guests may be required to immediately leave the Premises, or be removed from the Premises; (iii) Guest is in breach of this Agreement.
CONDITION OF PREMISES: Guest shall, on arrival, examine the Premises, all furniture, furnishings, appliances, fixtures and landscaping, if any, and shall immediately report, in writing, if any are not in operating condition or are in disrepair. Reporting repairs does not give Guest the right to cancel this Agreement or receive a refund of any payments made.
LOST ITEMS OR LEFT ITEMS: Management assumes no responsibility for lost, stolen or abandoned items. Reasonable effort will be made to contact the Guest for return. There will be a $25.00 handling charge plus shipping costs for any found items returned at Guest’s request. Management shall not be held liable for condition of said items. Any items not claimed for longer than 30 days, may be donated or sold.
MAIL SERVICES: You may ship directly to the home that you are staying in using FedEx or UPS while you are in the home, however we cannot guarantee delivery or security of the package. This will be up to the shipping client and the shipping receiver to arrange. **We are not responsible for any lost, damaged or delayed deliveries. Returning late deliveries after a guest has left will incur an additional fee, plus cost of shipping.
ILLEGAL SUBSTANCES: No illegal substances are allowed in the rental, and minors should not be in possession of alcohol. Violations will result in eviction from the property, and no refunds will be issued.
TV/CABLE/INTERNET/SATELLITE: No refund shall be given for number of devices, outages, content, or lack of content or personal preferences with regard to cable/internet/satellite service. Services are provided as a convenience only, and are not integral to this agreement. No refund shall be given for outages, content, lack of content, speed, access problems, lack of knowledge of use, or personal preferences with regard to service.
AIR CONDITIONING/HEATING: Properties are equipped with air conditioning. If so equipped, and if not regulated otherwise, Guest agrees that Air conditioning shall not be set below 72 degrees and heat shall not be set above 78, and that the fan setting shall be “Auto”. Doors and windows shall be closed when either heat or air conditioning is in operation. There are no refunds for lack of, or malfunctioning HVAC units. We reserve the right to charge for electric usage abuse. We ask that you keep doors and windows closed when the air conditioning is on. For monthly rentals we allow up to $200 for usage per month and guest is responsible for any overages. On weekly rentals we allow $50 per week which should be ample. We ask that when you go out you turn off lights and act responsibly with this.
POOL AND SPA: Pool & spa heating, unless solar equipped is an additional fee and must be paid for prior to use. Guest agrees not to tamper with pool heat controls or manipulate heater in any way. Pool heat shall not exceed 86 degrees. Guest understands that the area surrounding pool and spa may not be fenced or secure. Guest understands and agrees to be responsible and liable for any damages that occur to the pool and spa and its support equipment through Guest misuse and/or negligence.
SYSTEM(S) FAILURES: In the event the rental unit sustains a failure of a system, including but not limited to water, sewer, septic, electrical, gas, plumbing, mechanical, appliances, heat pump, ventilating, pool, hot tub or other system or structural systems, neither the property owner nor the Management shall be liable to Guest for damages, and no refunds will be given for such failures. However, Management will make an effort to promptly repair or replace the failed system or equipment, and in such event, Guest agrees to permit Manager or its service provider to have reasonable access to the property to inspect and make such repairs.
UNFORESEEN OCCURRENCES: Management will not assume liability for any loss, damage or inconvenience caused by but not limited to the following: weather conditions, natural disasters, pests, construction, acts of God, or other reasons beyond its control. There shall be no refunds available as such instances are beyond the control of Management. It is highly recommended that Guest considers travel and/or rental insurance.
RULES; REGULATIONS: NO COMMERCIAL USE. Guest agrees to comply with any and all rules and regulations that are at any time posted on the Premises or delivered to Guest. Guest shall not, and shall ensure that Guest and licensees of Guest shall not: (i) disturb, annoy, endanger, or interfere with other Guests of the building in which Premises is located or its neighbors; (ii) use the Premises for any commercial or unlawful purpose including, but not limited to, using, manufacturing, selling, storing, or transporting illicit drugs or other contraband; (iii) violate any law or ordinance; or (iv) commit waste or nuisance on or about the Premises.
MAINTENANCE & REPORTING: In the event of an equipment malfunction with a Property, Agent will expedite repairs as quickly as possible. From time to time, it may be necessary to close tennis courts, swimming pools, and other amenities for maintenance purposes. Any maintenance items should be reported to Agent as soon as possible and may require vendors outside of Agent to repair and/or replace equipment. Should a repairman make a call to a Property and find the equipment is not in working order due to Guest misuse, oversight or neglect, the fee for the service will be charged to Guest. No rent adjustments can be made for circumstances beyond our control or for malfunction or loss of use of equipment or amenities.
ENTRY: Management and Managements representatives and agents have the right to enter the Premises, at any time, (i) for the purpose of making necessary or agreed repairs, decorations, alterations, improvements, for maintenance or to supply necessary or agreed services; (ii) to verify that Guest has complied with the terms of this Agreement; or (iii) in case of emergency. Management and Managements representatives and agents have the right to enter the Premises, upon reasonable notice of at least 24 hours, to show the Premises to prospective or actual purchasers, tenants, mortgagees, lenders, appraisers or contractors.
PARKING: Motor homes, boat trailers, travel trailers, jet skis, etc. are not allowed at Properties unless prior request and confirmation has been given. Please ask about local storage of such vehicles and equipment prior to arrival.
PEST CONTROL: Units are treated for pest control by contracted pest control companies. Agent will use its best efforts to address pest control concerns, but is not responsible for rebates due to the presence of pests, or in the event of untimely service by pest control companies. Southwest Florida is a tropical climate, and some pests are inherent to the region and climate making them resilient against professional treatment.
TERMINATION OF OCCUPANCY: Upon termination of occupancy, Guest shall: (i) return all copies of all keys or opening devices to the Premises, including any common areas; (ii) vacate the Premises and surrender it to Management empty of all persons at agreed upon time; (iii) vacate any/all parking and/or storage space; and (iv) deliver the Premises to Management in the same condition less ordinary wear and tear as received upon arrival.
WEATHER/MOTHER NATURE: Agent strongly advises all Guests to purchase travel insurance to protect your investment for any reservation with stay dates between June and November. These dates fall within Florida’s hurricane season and Agent/Property Owners do not give refunds for vacations interrupted by hurricanes, including mandatory/voluntary evacuations.
SMS Policy: By booking with TMI Real Estate Company & Rentals, you agree to receive recurring messages from TMI Real Estate Company & Rentals, to the mobile number provided at check-in. Message & data rates may apply. Reply STOP to these messages to opt out.
ACCURACY OF INFORMATION: To the best of Agent’s knowledge, the information contained in this Agreement and Agent’s website is accurate but not guaranteed. Descriptions, rates, and Property amenities listed on Guest’s reservation confirmation are subject to change without notice. Omissions, additions, or errors as well as changes in Property bedding, furnishings, equipment, etc. shall not be the responsibility of Agent or Property Owner. Guests are required to check with Agent about specific items of importance to them.
PERSONAL PROPERTY AND INJURY: (i) Owner Insurance: Guest personal property, including vehicles, are not insured by Owner or, if applicable, HOA, against loss or damage due to fire, theft, vandalism, rain, water, criminal or negligent acts of others, or any other cause. Owner/Management does not insure against personal injury to Guest, guests or licensees due to any reason other than the condition of the Premises. (ii) Guest Insurance: Management recommends that Guest carry or obtain insurance to protect Guest and licensees and their personal property from any loss or damage. (iii) Indemnity and Hold Harmless: Guest agrees to indemnify, defend and hold harmless Owner and Management from all claims, disputes, litigation, judgments, costs and attorney fees resulting from loss, damage or injury to Guest or licensees or their personal property.
MEDIATION: Guest agrees to mediate any dispute or claim arising out of this Agreement, or any resulting transaction, before resorting to arbitration or court action. Mediation fees, if any, shall be divided equally among the parties involved.
JOINT AND INDIVIDUAL OBLIGATIONS: If there is more than one Guest, each one shall be individually and completely responsible for the performance of all obligations under this Agreement, jointly and individually with every other Guest.
ENTIRE CONTRACT: Time is of the essence. All prior agreements between Owner and Guest are incorporated in this Agreement, which constitutes the entire contract. It is intended as a final expression of the parties` agreement, and may not be contradicted by evidence of any prior agreement or contemporaneous oral agreement. The parties further intend that this Agreement constitutes the complete and exclusive statement of its terms, and that no extrinsic evidence whatsoever may be introduced in any judicial or other proceeding, if any, involving this Agreement. Any provision of this Agreement that is held to be invalid shall not affect the validity or enforceability of any other provision in this Agreement. The waiver of any breach shall not be construed as a continuing waiver of the same or any subsequent breach.
RELEASE: In consideration of the right to visit the home, Guest agrees to release to the fullest extent allowed by law, Owner and its Management, members, officers, associates, employees, agents, representatives, attorneys, assigns, and affiliates (collectively, the Affiliates) from all liability or responsibility of any kind whatsoever for any personal injury, death, property damage or other loss sustained by me, my minor children, any guest identified on this form, or any guest or person allowed onto the property during my rental dates as a result of my, my children’s or the guests participation in a visit to the home, due to any cause whatsoever, including without limitation negligence on the part of Owner or Management. I understand that this release will bind my heirs, administrators, executors, and any other person or entity seeking to claim under or through me.
Important Information
AGENT’S OFFICE HOURS ARE: 9:00 A.M. – 4:00 P.M. (Eastern Time) MONDAY-FRIDAY
Agent’s 24-hour emergency number is 941-460-0410. Guests can leave a message, and a representative of Agent will call back as soon as possible.