This Rental Agreement is made by and between Southern (as defined below) and the individuals and guest(s) defined in the Reservation Confirmation for reservation and rental of vacation rental property described herein and in the Reservation Confirmation documentation.??
By making a reservation of a rental property?through Southern Vacation Rentals,?the guest acknowledges and agrees to?all?the following terms, conditions, policies, and provisions – all of which are intended to form the legally binding?contract?between the guest and Southern?(the “Agreement”).??
1. Definitions. As used herein the terms “Southern”, “we”, “our”, “us” shall mean and refer to Southern Management Group, Inc. d/b/a “Southern Vacation Rentals” and/or Southern Vacation Rentals, Inc. and its employees, officers, and agents. The terms “guest”, “you”, or “your” shall mean and refer severally and collectively to the primary person listed on the reservation documentation and all other persons staying/residing in the rental property with the primary guest listed on the reservation documentation.?
2. Requirement for Check-In. You will NOT be allowed to check-in until we receive your signed acknowledgment of our?rental?policies.??IMPORTANT: FAILURE TO SIGN AND RETURN THE ACKNOWLEDGMENT OF RENTAL POLICIES WILL RESULT IN FORFEITURE OF ALL ADVANCE?DEPOSITS PAID AND CANCELLATION OF YOUR RESERVATION WITHOUT REFUND.???
3. Reservation Requests, Reservation Confirmation,?and Reservation Changes. The requirements for?reservation?of each?vacation property can be different?and are?subject to?change without notice. The following terms govern your reservation request and confirmation of your reservation.??
(a) Southern’s review of each reservation for compliance with specific requirements applicable to the property is required before we can accept and confirm your reservation request.??
(b) Acceptance of your reservation is expressly conditioned on our review of your request for compliance with all requirements of the property,?which may include, but are not limited to, minimum?night stay, advance reservation deposit payment, number of occupants, and other requirements, criteria, and conditions applicable for rental of the property. Online payment made at the time of your reservation request does not guaranty the reservation or our acceptance.??
(c) Your reservation request is not?complete?until we send the “Reservation Confirmation Email” to you (which will be sent electronically to the email address you designate in the online reservation request). The Reservation Confirmation Email will be deemed received by you immediately upon our successful transmission of the Reservation Confirmation Email to the email account you designate in our online reservation system.??
(d) Upon our sending the Reservation Confirmation Email all advance payments and deposits paid, due, or becoming due are?subject to Southern’s cancellation policy.?
In any event?or at any time,?your reservation request does not meet the criteria and conditions for rental/leasing of the rental property requested, we reserve the right to cancel your reservation request and refund initial payment made.?Timeliness of refund is dependent on?your?bank institution.?We will notify you?if your reservation request is cancelled. Once your reservation is confirmed, you cannot make any changes or modifications to the confirmed reservation.?
(e)“Last-Minute” Reservation - Identification Required. For any reservation made within forty-eight (48) hours of arrival, a valid state-issued identification card matching the name on the credit card used to pay for the reservation will be required to confirm a last-minute reservation request.?Failure to provide a valid state-issued identification card matching the cardholder’s name will result in immediate cancellation of the reservation request and no key-code will be issued for entry into the requested property.?Southern reserves the right to have a representative verify these documents in person 24 hours after arrival at the property to circumvent fraudulent credit card activity.
4.?Cancellation Policy.?The following cancellation policy is effective?December?1, 2020.??
a. The guest acknowledges and agrees?upon receipt of the?Reservation Confirmation Email, all advance payments are?made?subject to the following terms and conditions governing?cancellation of reservation?and refunds:?
i. Cancellation Request Required.? As a condition precedent?to our obligation to issue?any refund set forth herein, the guest is required to and must notify Southern of the guest’s request to cancel a reservation within the time periods defined below,?time being of the essence (herein a “Cancellation Request”).?
ii.30 Days or More Before Check-In.?In the event we receive a Cancellation Request at least thirty (30) days or more before the scheduled Check-In Date,?we will keep the following fees and charges: (i) the service fee, (ii) travel insurance premium, and (iii) applicable taxes on the foregoing. The total of the foregoing?fees/taxes?are?referred to herein as “Early Term Fees” and will be retained by Southern. We will issue a refund?to the guest?in the amount of: (i) the?balance of funds held by Southern for the reservation, less:?(ii)?the?total of the?Early Term Fees.??
iii.15 Days or More Before Check-In. In the event we receive a Cancellation Request at least fifteen (15) days or more before the scheduled Check-In Date, we will keep the following fees and charges:?the service fee, travel insurance premium,?plus?fifty-percent?(50%) of?total rent?for the reservation, together with all applicable taxes. The foregoing?fees/taxes are referred to herein as the “Early Term Fee” and will be retained?by Southern.?We will issue a refund in the amount of: (i) the balance of funds?held?by Southern for the reservation, less?(ii)?the?total of the?Early Term Fees.??
iv.“Cleaning Fee Only” Refund (Less Than 15 Days Before Check-In). With exception of any prepaid cleaning fee(s) collected by us for the reservation, no refunds will be given in any event your Cancellation Request is received less than fifteen (15) days before Check-In Date, including “Last Minute” reservations.?
b. All refunds will be processed to the?payment method?we have?on file for the guest.??
c. There will be no refunds given for any reason on or after Check-In Date.??
d.?We strongly encourage you to purchase CSA Travel Protection/Interruption Insurance.??
e.?Effective Date?of Cancellation Policy.?The above cancellation policy is?effective for all reservations?made?on?and after?December 1, 2020. All?reservations?made?before?December 1, 2020?are?governed by the?strict?“no refund”?policy?then in effect.?????
5. Travel Interruption Insurance.?Travel interruption insurance is optional, but we strongly recommend this protection plan.?Travel interruption insurance protection is available through CSA Travel Insurance.?Effective 12/01/20,?the?travel?insurance premium is?7.95% of your total reservation amount?and the premium is non-refundable. Please click this link www.vacationrentalinsurance.com to obtain your travel insurance policy and/or to view the terms, conditions, and description of coverage for your covered trip if you have paid for or authorized payment for the travel insurance. The travel insurance protection, if purchased, provides reimbursement for unused, nonrefundable payments if your trip must be canceled. By way of example only, covered reasons include: mandatory hurricane evacuations, sickness, injury or death, extension of school year, armed service revocation, involuntary termination of employment, or other specific reasons listed in the travel insurance policy/Description of Coverage. The travel insurance policy and coverage are underwritten by GENERALI US Branch, A Stock Company.?For coverage inquiries or customer service guests should call (866) 999-4018.?If?you have purchased CSA Travel Insurance, you may contact CSA to begin your claim.??
6. Advance Reservation?Payments and Payment of Rent. Short Term Rentals require a?30% deposit to confirm the reservation.?The amount of deposit required is?30% of the total?plus?Travel Insurance Premium (if selected), and tax.?If you purchased travel interruption protection insurance at the time you booked your stay and submitted your reservation request, you may file a claim for trip interruption insurance coverage with CSA Travel Insurance. Reservations made under false pretense of any type or kind will result in the automatic forfeiture of all deposits, rental payments, fees, and immediate cancellation of your previously confirmed reservation. The remaining balance is payable in full?thirty?(30) days prior to the arrival date.?We will?automatically?charge the?payment method on file for the balance due. Long Term Rentals?(28+ Nights)?must pay first monthly rent 7 days prior to arrival and subsequent rent payments must be made by the first of every month. No payments will be accepted at local offices.??
7. Check-in Time. Check-in time begins after 4:00 P.M. Local Time. In some instances, access to your property may be unavoidably delayed due to cleaning or maintenance scheduling circumstances beyond Southern’s control. There will be no discounts, credit, or refunds offered due to a late check-in or delays in check-in. Your patience is appreciated in these circumstances. Guests, who are required to check in at our local office, and guests who will be arriving later than 5PM, should make late arrival arrangements by telephone in advance prior to arrival or can reference the?Southern Guest Mobile Application?via smart phone or other mobile device to retrieve information about check-in and entry/lock-box instructions. Early check-in may be available for an additional fee, but due to cleaning and inspection schedules (particularly during the summer season) will require special arrangements and a minimum of 48 hours advance notice.??
8. Check-out Time. Check-out time is no later than 9:00 A.M. Local Time. Late check-outs may be available for an additional fee; however, it may require special arrangements and a minimum of 48 hours advance notice?is required.??
9. Service Fees. A non-refundable service fee will be charged on all reservations. The amount of this service fee varies by property size. The service fee includes and covers reservation processing, inspections, and 24-hour services.??
10. Cleaning Fee. All our vacation rental properties require a one-time departure clean fee to be paid by the guest to cover the cost of normal cleaning. This cleaning fee is required on daily, weekly and monthly?reservations. If you are staying more than one month in the same property, the cleaning fee will only be charged on the last month of your stay. All fees are subject to state and local sales tax. We make every effort to insure each of our properties is cleaned after each guest checks out. IF YOU HAVE ANY HOUSEKEEPING ISSUES OR PROBLEMS, PLEASE REPORT THESE ISSUES TO THE SOUTHERN GUESTS SERVICES TEAM?WITHIN 24 HOURS OF CHECK-IN TIME SO THAT WE MAY PROMPTLY ADDRESS ANY HOUSEKEEPING ISSUES. NO DISCOUNT, CREDIT, AND NO REFUND WILL BE GIVEN DUE TO HOUSEKEEPING ISSUES.??
11. Pets. In most of our?properties?pets are strictly forbidden. Dogs are allowed only in properties that are designated “pet friendly.” Further, each/all pet policies for individual properties are subject to change without notice. A maximum of two (2) trained, mature, dogs (not to exceed 25 lbs. each) are permitted in “pet friendly” properties. A $250 non-refundable pet fee is required for pet stays and additional deposits may be required. Pet owners will be financially responsible and liable for any/all damages, injury (including any injury to the pet(s)), and all extra cleaning, pest control, or replacement costs for furniture, fixtures, or equipment. Having a pet in a property that does not allow pets is grounds for immediate eviction without a refund.?The only exception is for ADA (American Disabilities Act) qualified animals. Additional information?upon?request. Guests are subject to forfeiture of their deposit/rent and immediate eviction if previously undisclosed animals/pets are found on property.?
12. No Smoking. All our properties are “Non-Smoking” properties. Smoking is strictly prohibited in all our properties. Guests will be financially responsible and liable for any/all damages and additional cleaning and repair/replacement costs due to smoking in the property.?
13. Reserved Property Assignments. We will make every effort to honor the particular property you reserved and/or were originally assigned. However, in the event of?unforeseen circumstances, specific property assignments and requests cannot be and are not guaranteed even when your reservation is confirmed. If the property original assigned and/or reserved by you is not available, you agree?with your consent,?that we may make substitutions to a different property reasonably comparable to the original property reserved, including size and location if and where possible.???
14. Maximum Number of Guests. Limited to actual occupancy shown on property description. For guest comfort and safety, 2 persons per bedroom, 2?persons per sleeper sofa, 1 child under age 16 per bunk bed. Guests who exceed maximum occupancy listed?herein or?in?the?property description are subject to immediate eviction and forfeiture of all rental payments and?deposits.???
15.? Family-Oriented Rentals Only! All our vacation properties and accommodations are family-oriented rentals ONLY. NO property/unit will be rented to vacationing students or young adults under 25 years of age if unaccompanied by a parent. We require one (1) parent for every four (4) persons under the age of 25. A parent must be present at check-in and must remain in the property during the length of stay. Our rentals are monitored for violation of this policy. All violators will be evicted, and all rental payments and/or security deposits will be automatically forfeited. Reservations made under false pretenses are null and void and check-in will not be allowed. This policy includes reservations made by parents who do not check-in, and/or who leave overnight during the length of the stay. THIS IS A STRICT POLICY AND ABSOLUTELY NO EXCEPTIONS ARE ALLOWED!?
16. No Subletting. The rental property and/or any reservation, or any rights arising under a reservation, cannot be assigned, transferred, or sublet. Your reservation is not assignable or transferrable to any other party, and any attempt to do so will be null and?void and?result in immediate cancellation of the reservation and forfeiture of all rental payments, deposits, and fees. No refunds will be given.??
17.? Rates.? Published rental rates are subject to change without notice. We expressly reserve the right to correct rates that may have been misquoted due to human error, negligence, or computer error.?
18. Swimming Pools. You understand and agree that swimming pools, whether community pools or private pools, are an amenity and that the use or availability of any pool amenity is not guaranteed by Southern under this Rental Agreement. If closures do arise during your stay pertaining to condition issues, interruption in availability, or lack of availability, Southern will do our best to address these closures with the proper service providers and communicate with you regarding updates.
(a) Do Not Manipulate, Disable, or Damage Pool Alarms or Safety Equipment. You agree not to damage, manipulate, or disable any alarm or safety equipment/system for the swimming pool (including temporary disabling any alarm on any door, gate, or fencing). You agree to be responsible for the cost of repair to any private pool, equipment, and/or pool safety equipment or feature arising from negligence or intentional conduct by you or your guests, invitees, family members, or other persons present in the property during your stay.
(b) Damage to Swimming Pools and/or Safety Equipment. You agree to notify Southern Vacation Rentals immediately of any maintenance or repair needed to any swimming pool, pool equipment, or any pool safety feature, system, or equipment (pool fencing, gates, alarms, doors, self-closing door mechanisms, or otherwise).
19. Internet. Most of our properties have internet access, either fee-based or free, through their individual service providers. However, we do not and cannot guarantee internet connectivity or access due to service being provided by an outside third-party vendor, restrictions placed on such Internet services by/from personal computers, differing connectively specifications, and additional factors that may lead to interruption, failure, or unavailability of internet service. If you decide to access any Internet content during your stay, you do so entirely at your own risk and you assume and are responsible for ensuring that any/all accessed material or content does not infringe the laws governing, but not exhaustively covering, copyright, trademarks, pornography, or any other material which is slanderous, defamatory or might cause offense in any other way. You further agree to be responsible for liability for breach of intellectual property laws or other claims made by or on behalf of any owner of online content.??
20. Maintenance Issues. During your stay, please promptly report upon discovery any maintenance problems to Southern Vacation Rentals.?Do not leave doors or windows open while the A/C or heater is operating. Southern Vacation Rentals’ staff may enter the property to respond to any maintenance and/or housekeeping issue(s) during your stay without prior notification. No refund or rate adjustment will be made for unforeseen maintenance issues or system failures such as the supply of pool filtration systems; air conditioning; telephone; television, cable, or internet service; or appliances, etc.?
21. Furnishings. Our rental properties are privately owned. The placement of items, furnishings, and/or mattress comfort levels is the arrangement preferred by the owner. No refunds or rate adjustment will be given due to owners’ choice of furnishings, fixtures, or equipment. Furniture and items in the unit are not to be arranged or removed from the property. Additional charges may be incurred as a result of rearrangement or removal of furniture or items.??
22. Parking.?Strict parking limits apply per property, per Owner Association and local municipality regulations.?Each condominium/owner Association and local municipalities can regulate the number of parking passes issued to rental guests for each size property within the building(s) or neighborhood. Some Associations assess an additional fee for parking. Where applicable, we will collect this fee and remit it to the Association, but in some cases, the Association requires the fee to be paid in person on-site. No trailers, boats, campers, or RVs allowed unless otherwise expressly posted in the property description.?
23. Construction. Southern Vacation Rentals cannot predict construction plans in the area and therefore cannot be held responsible for any inconvenience arising from or related to construction in the area. No refunds can be given in the event of construction nearby the rental property or for construction of other properties adjoining or within the complex of the rental property.?
24. Strong Wind Drafts. To avoid potential serious injury, all guests are advised to close all balcony doors BEFORE opening the front door (or leaving the front door open) because strong winds/drafts may cause the front door to shut unexpectedly – resulting in potential injury. By reserving the rental property with Southern, you accept and assume all liability for injury or property damage caused by strong winds and drafts occurring in the rental property during your stay.?
25. Security of Personal Property. Southern Vacation Rentals is not responsible for any acts of theft or vandalism, or other damages to any personal property or for personal items left by guests in the property at departure. Southern is not responsible for and has no obligation to store/keep personal property found in a rental property by our staff, and Southern may dispose of such property without notice, consent, delay, or liability. If personal property?is?left behind and you promptly request return of these items before they are disposed of, the?property?will be returned?at?your?expense.?
26. Good Neighbor Policy. We respectfully request that you remember you are staying in someone’s home during your vacation stay. Please treat the home and all its furniture, fixtures and contents with care and leave it in good condition at check-out. Damages to the owner’s property will result in additional charges to your account or payment-type on file with Southern.??
27. Property Rules and Regulations. Please observe all rules and regulations (including all owner association rules and local/state ordinances) governing the use and occupancy of the property you are occupying. These rules apply to both owners and guests, and failure to comply can result in immediate eviction and/or fines from the association.?You are responsible for any fines assessed due to conduct in violation of association rules/regulations. No?refunds or credit will be given in the event of eviction due to failure to comply with rules and regulations applicable to the property or the community wherein the property lies.?
28. Real Estate Showings. Property may be for sale and real estate showings may be required. Guest agrees to allow real estate agent access to the unit. Southern will attempt to provide guest with 24-hour notice when able to do so.
29. Hold Harmless Agreement. You agree to hold Southern Vacation?Rentals?and the property owner (as intended third-party beneficiary) harmless from and against all claims, demands, causes of action, damages and liability arising from or related to any of the following:
(a) Any plain and visible?defective?condition of the rental property or any furniture, fixtures, or equipment therein not promptly reported to Southern upon your check-in (prompt reporting means?within?eight (8) hours from the time you check-in to the property).
(b) Any unknown defective condition of the rental property or any furniture, fixtures, or equipment?therein.?
(c) Any actions or conduct, or failures to act, whether negligent or intentional, on?your part or on?the part of any third party resulting in personal injury, harm, or death to you or any other persons.
(d) Any injury, harm, or death to you or any other guest, persons, or animals during your stay not caused by us, including any injury, harm, or death caused by any defective condition of or in the property or to furniture, fixtures, or equipment (including any swimming pool, deck, dock, pier, or?balcony).
(e) Any and all damage to the rental property or any furniture, fixtures, or equipment (including any swimming pool) in or serving the property as a result of your, or any other occupants, negligent or intentional acts, conduct, or negligent or intentional failures to act.
(f) Reasonable differences and/or changes between the property’s actual condition at check-in and the condition represented on our website advertising or in our marketing materials, photographs, or other descriptions used on our website or as part of our online internet reservation system as a result of remodeling, maintenance, normal wear and tear, or similar circumstances beyond our control.
(g) You agree to be responsible and liable for any/all damages to the rental property and all furniture, fixtures and equipment in or serving the property (including any swimming pool) as a result of any intentional actions or intentional failure to act on your part or on the part of any guests residing in the property with you, including children. You agree and acknowledge that your credit card or financial account may be charged for the costs to repair and/or replace any damaged property.??
30. Southern Perks Partners. You understand and agree that any Southern Perks Partner or third- party amenity provider or amenity add-on booking service listed on our website or recommended by us is not owned or operated by Southern. You agree to and shall hold Southern harmless from any and all actions, claims, damages or liabilities whatsoever that may result from any action or inaction of a Southern Perks Partner or other entity referred or recommended by Southern.?
31. Agent for Owner. Southern Vacation Rentals serves as the agent for the owner of the rental property.?
32. Digital Signatures Binding. By completing and submitting the reservation request you are expressly acknowledging and agreeing to all terms, conditions, and provisions of this Agreement. You acknowledge and?agree that all digital signatures and initials contained hereon and herein are legally binding on you and all guests residing in the property during your stay. You further acknowledge and agree that the person signing this rental Agreement shall have the sole and absolutely duty and obligation to provide notice of all terms, conditions, duties and obligations herein to all other persons who will reside and stay in the rental property, and to ensure compliance by all persons, during the length of your stay.?
34. Governing Law, Venue and Jurisdiction.?You agree and acknowledge this?Agreement is?made and?entered?in Okaloosa County, Florida?and shall be?governed by and construed under the laws of the State of Florida without regard?to any?conflict of law provisions.?Venue and both subject matter jurisdiction and personal jurisdiction of all parties will lie exclusively in the Circuit Court in and for Okaloosa County, Florida.?
35. Binding Agreement. You acknowledge and agree this Agreement is a binding legal?contract?and that you have read, understand, and agree with all terms and conditions herein.?