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Terms and Conditions

HomeAbout UsTerms and Conditions
Rental Agreement, Credit Card Authorization, and Damage Waiver: All Reservations are non-refundable, we do offer a Travel Insurance at a cost of 7 % of the gross rental rate, and allows you to cancel up to 48 hours prior to the check-in date. You may cancel your trip according to the Insurance Policy which you can find at https://insurestays.com/wp-content/uploads/2018/02/RG-Brochure_optimize-Copy.pdf. This can be purchased up until the final balance is due. If you purchase this Travel Insurance, you must email us up to 48 hours before the check in date with your notice of cancelation. If you do cancel before the 48 hours and you purchased this Travel Insurance, the Insurer will issue a refund check for the cost of the reservation (minus the cost for the Policy). If the Travel Insurance was purchased it will show on the reservation breakdown below. The Insurer will also send the Policy via email to you directly.

Terms include a No Tolerance Policy regarding excessive noise, parties, or disturbing neighbors. Please make sure you are comfortable with our Terms as they are strictly enforced.

Booking Fee: All reservations are subject to a $75.00 (plus tax) booking charge covering our administrative costs. This fee is Non-refundable! Credit Card Fees, Wire Transfer Bank Fees as well as Pay Pal Charges have to be paid by the renter. There is a processing charge for payments by credit card.

Damage Waiver and Capacity Restrictions:Our properties are inspected before and after each reservation. Guests agree to pay for any flagrant damage to the units, excessive cleaning required at check-out, missing or damage to the units’ contents, or any other accidental damage to anything within the rental unit during the rental period. Your reservation was charged $79.00 for a Damage Insurance to cover up to $3,000.00 in damages. If any damages are above the amount of $3,000.00, the Renter authorizes any said damage or missing items charged to their credit card identified above. The sleeping capacity for this property is limited to the number of beds provided, so twin beds sleep 1 guest; double, queen and king beds sleep 2 guests each. Extra guests beyond the maximum sleeping capacity are not allowed without the expressed written permission in advance. Often, extra sleeping capacity is not possible at this property. Each additional guest exceeding the maximum sleeping capacity for this property will incur a charge of $15.00 per guest, per night and will be charged to the credit card provided above. No smoking, or parties of any kind are allowed at this 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.

PROPERTY: Guest rents, for vacation purposes only, the furnished real property and improvements described.

SUBSTITUTIONS OF ACCOMMODATIONS: We reserve the right to change unit assignments. When your reservation is confirmed, a unit will be assigned, however, no unit assignment request is guaranteed. If a change is made, any difference in rate is subject to guest approval. Under the rare circumstance that we will have to substitute your accommodations, we will try to either assign a similar comparable or upgraded property for the same rate.

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 11:00 AM on the departure date. Early Check in and Late Check Out options are available for an additional fee if available (Not an option during Peak Times). If Early Check In and/or Late check out are approved, you will get an email confirmation from the reservation team.

PAYMENT TERMS: ALL PAYMENTS ARE NONREFUNDABLE. 30% Deposit Payment , are due to reserve property. Remaining balance Payment is due 45 Days prior to Arrival and will be charged automatically to same credit card used, unless communicated otherwise. Within 45 Days of Arrival, Total Cost is due to reserve property.  ALL Payments are NONREFUNDABLE. We offer Vacation Rental Insurance. See above. Credit Card Fees, Wire Transfer Bank Fees as well as PayPal Charges have to be paid by the Guest. There is a processing fee for Credit Card payments.  Should the 45-day deadline fall on a Saturday, Sunday, or Holiday, the final rental payment will be charged on the last business day prior to the 45-day deadline.

All rates are plus 11.5% tax (6.5% Sales Tax and 5% Tourist Tax).

NSF CHECKS: For any checks returned to us due to insufficient funds, there will be a charge for the applicable bank fees, plus a $30.00 handling fee.

CANCELATIONS & REFUNDS: 

Cancellations within 30 days of booking: $75.00 (plus tax) administrative fee and credit card charges.

Cancellations up to  45 days or more  prior to arrival: Down Payment is forfeited, and Guest is released from financial liability on remaining balance owed.

Cancellations of 45 or less days prior to arrival: 100% of rental amount is forfeited!

Any loss can be avoided by purchasing the Travel Insurance Policy.

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 these are not followed you can be fined and asked to vacate the property.

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. If the Premises are used, in any way, by more than max allowed guests, (I) Guest and all others may be required to immediately leave the Premises or be removed from the Premises; (ii) Guest is in breach of this Agreement; and (iii) Guest forfeits its right to return of any monies collected.

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.

SECURITY DEPOSIT: A Valid Credit Card to be kept on file is required upon Reservation. Your reservation was charged $79.00 for a Damage Insurance to cover up to $3,000.00 in damages. Should a Security Deposit not be collected, or damages cost are above the coverage of the Damage Insurance or above the amount of deposit, the Credit Card on file will be charged for any of these costs. Guest hereby grants consent to charge Credit Card on file for any damages, missing items, excessive cleaning, fines, and, if necessary, cost incurred to remove Guest from property.

DAMAGE PROTECTION:  As a part of your stay, you may purchase a Vacation Rental Damage Protection plan designed to cover unintentional damages to the rental unit interior that occur during your stay provided they are disclosed to management prior to check-out. If purchased, the policy will pay a maximum benefit of $3,000.00. Any damages that exceed $3,000.00 or are not covered under the plan will be charged to the credit card on file. If, during your stay at one of our rental properties, an insured person causes any damage to real or personal property of the unit as a result of inadvertent acts or omissions, the Insurer will reimburse the Insured for the cost of repair or replacement of such property up to a maximum benefit of $3,000.00. Certain terms and conditions apply. Full details of the Vacation Rental Damage coverage are contained in the Description of Coverage or Insurance Policy, https://insurestays.com/wp-content/uploads/2018/02/RG-Brochure_optimize-Copy.pdf. The Vacation Rental Damage can be purchased up to, and including at, check-in. By submitting payment for this plan, you authorize and request Insurance Services to pay directly MHB Property Management, Inc. any amount payable under the terms and conditions of the Vacation Rental Damage. Please contact MHB Property Management, Inc. directly if you do not wish to participate in this assignment. If you do not wish to purchase the Vacation Rental Damage Protection, a $1,500.00 damage deposit will be required upon check-in.

ELECTRICITY CHARGES – if not paid up front -:
Only if stated on our webpage (specific house description or extra notes section at www.capecoral4vacation.com) there will be an extra charge for electricity or

These possible charges will be charged against your credit card on file or paid in cash by the guest(s) at time of check-out. MHB Property management performs an electric meter reading on the day of your arrival, as well as a meter reading at the time of departure of the guest from the rental unit. These readings are used to calculate the electric charges. In most cases the charge is $0.15/kwh.

CHECK-IN & CHECK-OUT PROCEDURE: Upon arrival at your vacation home you may directly go to the home and enter with the provided lock box code (provided with full payment). Inside the house you will find a welcome letter, as well as the check-in/out protocol (including the initial electric meter reading – if applicable), please familiarize yourself with the documents upon arrival. Feel free to give us a call during our normal business hours (Mon-Fri 9am to 5pm), or for emergencies you can reach us at the phone number provided on the welcome letter.

Please contact us during your stay to set up an appointment for a check-out, at which time we will meet you at the house to check the condition of the home as well as perform the final electric meter reading (if applicable). Should you or us for some rare reason miss the appointment, we will check the home and meter without your presence and inform you of our findings and/or charge the electric usage to your credit card on file. Shortly after your departure you will receive a final invoice that will inform you of the electric charges applied to your card. Should we discover damages, we will inform you directly either via email or telephone.

Please note: At your arrival, please check the BBQ grill for cleanliness, the check-in/out protocol should state under condition clean, please contact us immediately if the BBQ grill is not clean. Check Propane before using BBQ grill. MHB charges a $30.00 cleaning fee for BBQ grills, which are found to be dirty at check-out. Propane Gas is the responsibility of each guest. Owner or Manager do not refill gas.

CLEANING: Premises will be delivered to Guest in a professionally cleaned condition. Should Guest’s use and activity require more than regular cleaning services, Guest will be charged for associated excess costs.

PETS: Pets are ONLY allowed with prior Authorization and subject to an additional cleaning fee. 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. Damages due to smoking are NOT covered by Damage Insurance. 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.

MAXIMUM OCCUPANCY: No guests in excess of the maximum occupancy specified in the rental agreement shall occupy the property. Breach of this will result in immediate termination of the rental agreement with a forfeiture of the entire rental amounts and or security deposit.

STUDENT GROUPS ARE NOT PERMITTED: Students unaccompanied by a parent will not be permitted to register. Any reservations obtained under false pretense will be subject to forfeiture of all monies prepaid and the party will not be permitted to occupy any unit in the MHB Property Management program.

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.

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: All rentals are equipped with air conditioning, 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.

POOL AND SPA: If so equipped, spa heating is included. Pool heating, unless solar equipped is an additional fee and must be paid for during the check-out inspection or when departing the house. 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. The pool service has to have access to the pool area via the screen doors at all times. Please do not lock the screen doors. Pool will be serviced once a week.

Manager or Owner is not responsible for HOA Pools and Pool closures or maintenance. No Credits or refunds can be granted for circumstances beyond managers or owners control.

PEST CONTROL: Units are treated for pest control by contracted pest control companies. MHB Property Management 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.

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: Guest shall properly use, operate and safeguard the Premises including, if applicable, any landscaping, furniture, furnishings, appliances and all mechanical, electrical, gas and plumbing fixtures, and keep them clean and sanitary. Guest shall immediately notify Management of any problem, malfunction or damage. Guest shall pay for all repairs or replacements caused by Guest, excluding ordinary wear and tear. Guest shall pay for all damage to the Premises as a result of failure to report a problem, malfunction or damage in a timely manner.

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.

LATE CHECKOUT: There will be a charge of one extra day for anyone checking out after 11:00 A.M. unless later checkout times have been approved by MHB Property Management.

PARKING: All homes have a driveway. Do not park in the street! Your car will get a ticket and/or be towed! Some homes may be in HOA’s that do not allow parking on the street at any time.

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. Missing Garage, Pool or TV Remotes are subject to an additional charge.

WEATHER/MOTHER NATURE: We cannot be held responsible for circumstances beyond our control. This includes excessive noise from construction or public/private events, wildfire/smoke, weather related interruptions, road closures, interruption of services and utilities or unexpected appliance breakdown.

HURRICANE POLICY: If you are traveling between May and November, please note that this is hurricane season. We encourage you to purchase trip insurance to protect your vacation investment since MHB will not give any refunds for vacations interrupted by hurricanes, including mandatory/voluntary evacuations.

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.

RENTAL LAW: MHB Property Management operates under the 509 law for all short-term rentals. All rates are considered earned at the confirmed arrival date and refunds or adjustments cannot be made for late arrivals or early departures.

The laws of the State of Florida govern this agreement. The venue shall be Lee County, Florida. This agreement is binding on all parties, their heirs, successors, representatives and legal successors. 
In any Litigation that results from this agreement, the prevailing party is entitled to reimbursement of all costs, including all reasonable attorney’s fees (incl. all costs and fees for appellate procedures.)

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.

Communication: By booking, you authorize Cape Coral 4 Vacation to send text messages and emails with details regarding your reservation, information, and other offers. Message/data rates may apply. Consent is not a condition of purchase.

Thanks for your business and we hope you enjoy your stay in our property!

OUR OFFICE HOURS ARE:

10:00 A.M. – 5:00 P.M. MONDAY-FRIDAY

Our 24 hour emergency number is 239-281-7800 or 239-297-9362. You can leave a message there and somebody will call you back A.S.A.P.

CHECK-IN 4:00 P.M. CHECK-OUT 11:00 A.M.

The information provided, though deemed accurate, is not guaranteed, and is subject to errors, omissions, and changes in price or other data without notice.