Rental Terms and Conditions

Please ensure you read and understand the following terms and conditions pertinent to your accommodation rental. If you have any questions, please do not hesitate to contact us.
While we reserve the right to increase or decrease accommodation prices at any time, we will confirm to you the current price at the time of booking. As soon as you have confirmed your booking and paid your deposit or full payment, the cost of the rental is guaranteed against any further increase, (unless these increases are brought about by Government action.) This guarantee is offered subject to our conditions of payment being adhered to and providing you do not make any further amendments to your travel arrangements.
Your rental home includes: accommodation as booked, including services e.g. gas, water, and electricity, (excludes pool heating unless otherwise stated) NOT included in our rental prices: a) Flights b) Car rental c) Travel insurance d) Cost of pool heating, unless indicated.

ARRIVAL AND DEPARTURE:

A. CHECK-IN: Check-in time is any time after 4:00 p.m. We reserve the right to extend the check-in time to 6:00 p.m. due to cleaning or maintenance. Upon arrival, please stop by our office to pick up your keys at 247 N. Collier Blvd., Suite 103, Marco Island, Florida 34145. Our office is open Monday through Saturday, 9:00 a.m. to 5:00 p.m. If you arrive after business hours, your keys will be in the lockbox marked “Clausen Properties” outside of the front door of our office. PLEASE REVIEW THE GREEN BINDER PROVIDED AT THE PROPERTY REGARDING ALL PERTINENT INFORMATION ON SAID PROPERTY. TENANT(S) ACKNOWLEDGE THAT GARBAGE AND RECYCLE BINS MAY BE FULL FROM PREVIOUS GUESTS AS PICK UP DAYS ARE DURING THE WEEK AND NOT ON WEEKENDS.

B. CHECK-OUT: Check-out time is any time before 10:00 a.m. Guest shall be liable for any damages as a result of late check out. Only with prior arrangements made with the rental agent may these times be changed. Failure to comply may result in an additional charge per day for late departure. Monthly rentals start on the 1st day of the month, and check-out is the 1st day of the following month.

 

BOOKING AND PAYMENT:

A. Initial Payment: To confirm the booking, an initial payment of 25% must be received within two (2) weeks after you receive your paperwork. Upon clearance of the funds, the booking is confirmed. You must review the confirmation and final invoice carefully and raise any questions and/or concerns immediately. No party may remain in occupancy without a security deposit waiver fee of $75 on the rental unit. We reserve the right to charge CREDIT CARD ON FILE for such things as long-distance telephone calls, property damage, movie rentals and purchases, excessive utility use, excessive cleaning, excessive garbage (GARBAGE BAGS LEFT OUTSIDE OF THE GREEN GARBAGE BIN OR RECYCLE BIN), equipment rental, guest services, and any administrative fees. Costs associated with repairing damages caused by Tenant(s) will be covered by the Security Deposit Wavier insurance up to $3000 anything above and beyond that cost will be charged to the Tenant(s) credit card, Tenant(s) agrees not to refute such charges. Any refundable security deposits may be held for 30 to 45 days after termination of your stay. All guests staying in units for a month or longer, with gas or electric pool heat will be charged the amount greater than $250.00 each month. A $40/week pool heat fee will be added for weekly stays during the months Oct-May however, owner reserves the right to charge this year-round if pool is cold and heater is turned on. Tenant also understands that pool heaters will not work properly when the outside air temperature is 50 degrees or below.

B. PAYMENT: Payment must be made in U.S. funds, Canadian checks must be drawn on US FUNDS. If Clausen Properties, Inc is charged a fee for foreign check Tenant(s) is/are responsible for reimbursement of said fee. Payment may be made in cash, check, traveler’s checks, money order, or major credit card. If paying by check, please MAKE PAYABLE TO CLAUSEN PROPERTIES, INC., and SEND TO 247 N. COLLIER BLVD., SUITE 103, MARCO ISLAND, FL 34145. In the case of late bookings, personal checks will be accepted ONLY if payment is made 14 days prior to arrival otherwise cash or credit card will be only payment form accepted. Payments are to be made according to the payment schedule on your reservation confirmation. Tenant’s credit card will be charged the total due if payment is not received 60 days prior to check-in date. No credit cards will be accepted as a method of payment on rentals of one (1) month or longer.

C. BALANCE: The balance of the rental fee is due 60 days prior to the commencement of the rental period. We reserve the right to treat the booking as cancelled if we do not receive the balance by the required due date. In the event of a check not being honored by the bank on which it is drawn, a $25.00 fee will be assessed to cover bank charges and our administrative costs.

 

OTHER TERMS AND CONDITIONS:

A. ADDRESS AND PHONE: The address & phone number of your unit are on the front of the confirmation form. Please have your mail sent to your unit. Do not forward mail to our office. It is Tenant’s responsibility to make sure when staying in a Condo, that there is a mail key on file prior to their arrival to eliminate any forward mail issues.

B. OCCUPANTS: Only those designated in this agreement as Tenant(s) shall occupy the unit unless written consent of Owner or Owner’s Agent is obtained. Tenant(s) agrees to abide by all occupancy rules of association or other governing agency. Maximum occupancy is two (2) people per bedroom per night. If Tenant has more guests than property allows Tenant(s) agrees that this is grounds for termination of contract and will be asked to leave with no refund.

C. ACCOMMODATIONS: Due to circumstances beyond our control, if your designated unit is not available for any reason, we will use our best efforts to locate a comparable substitute unit. BROKER HEREBY INFORMS GUEST THAT THERE MAY BE CONSTRUCTION OCCURRING NEARBY RESULTING IN ACTIVITIES NORMALLY ASSOCIATED WITH CONSTRUCTION. TENANT(S) ACKNOWLEDGE THAT BROKER HAS NO CONTROL OVER SAID ACTIVITIES AND AGREES THAT IT IS NO REASON FOR REFUND, ABATEMENT OF RENT OR CANCELLATION OF THIS AGREEMENT AFTER CHECK IN DATE.

D. ALTERATIONS TO BOOKINGS: If, after your booking has been accepted, you wish to alter your arrangements, we will do all we can to accommodate your request; however, an administrative fee of up to $50.00 per booking may be charged.

E. CANCELLATION TERMS: Travel insurance is offered. In the event such insurance is refused, Tenant(s) may cancel this agreement by providing written notice OR email with a minimum of 60 days prior to the check-in date, and all funds will be returned. Tenant(s) shall be obligated to pay ALL RENTAL payments specified in this agreement and all monies received may be retained if travel insurance is not purchased and reservation is cancelled within the 60 days prior to arrival. Clausen Properties, Inc. shall not be responsible for any costs Tenant(s) may incur for travel or other arrangements in the event of cancellation. Please note that owner also has the right to cancel a booking 60 days prior to arrival and a full refund will be issued to Tenant(s).

F. CONDO ASSOCIATION RULES AND REGULATIONS: Anyone occupying a unit governed by a homeowners or condominium association shall abide by ALL association rules and regulations. Tenant(s) shall not be permitted to take occupancy unless Tenant(s) has obtained all required association approvals. Tenant(s) shall have sole responsibility for making application to the association and shall do so within the time frame required by the association. Tenant(s) agrees to comply with all association requests for information. Tenant(s) agrees to indemnify and hold Agent harmless from any liability from injury to person, violations of the rules of the association, damage to the unit by guests, or for failure of non-availability. Tenant(s) agrees to abide by all occupancy rules of association or other governing agency.

G. PETS: Pets are permitted in certain properties and only with owner’s permission. A $250.00 refundable fee will be added to reservation costs, THE SECURITY DEPOSIT WAIVER FEE DOES NOT COVER ANY PET DAMAGE. Tenant(s) agrees to pay a refundable pet deposit. We ask that pet owners be responsible and clean up after their pets. Pet deposit will be returned once property has been inspected and any time other than a regular clean spent on cleaning due to pet hair or sliders that have prints on them from pet will be deducted from security deposit

H. SMOKING: Smoking is NOT permitted at any time in the rental unit. A charge of $250.00 will be assessed to the Tenant(s) if a violation occurs. If Tenants do smoke they must be outside with sliders and doors closed, please respect Condo rules and regulations as smoking is not permitted on balconies.

I. VEHICLES: No boats, motor homes, trailers, commercial vehicles, or motorcycles shall be permitted on the premises unless otherwise provided herein, per City of Marco Island Ordinance. If Tenant(s) is/are issued a citation or fine Clausen Properties, Inc shall not be liable nor reimburse Tenant(s). If vehicles are parked on the swale or cover the sidewalk and are issued a citation, Tenant(s) will be held responsible.

J. RIGHT OF ENTRY: If the unit is currently listed for sale, upon 24-hour notice, Owner or Owner’s representative has the right to enter the unit for the purpose of showing the unit to prospective buyers or tenants, to make repairs, or to inspect the unit. Owner, Broker, and/or its representative have immediate right of entry without prior notice in cases of emergency or to protect or preserve the premises. Tenant(s) shall not alter premises without prior written consent from Owner or Owner’s representative.

K. PHONE/CABLE: Tenant(s) is/are responsible for all long-distance phone calls and any additional cable services if cable is provided. Phones shall be used for local calls only. Long distance calls must be made by way of calling card, collect, or credit cards. Do not accept any collect calls or allow any calls to be charged to the phone.

L. KEY AND OPENER CHARGES: Tenant(s) shall be assessed locksmith charges and association charges, if any, for each key, pass, pool tag, or opener that is lost or not returned by Tenant(s) upon check-out date. Tenant(s) agrees to pay actual costs immediately to provide access to the unit in the event of a lock-out. There is a $35 after hours fee if Tenant is locked out of unit payable upon entry or delivery of extra set of keys.

M. CLEANING CHARGES: Tenant(s) agrees to pay any additional cleaning charges incurred. Tenant(s) shall clean all dishes and remove all food from the premises upon check-out. If possible, on the day of departure we ask that all linens be stripped from beds and dishwasher started if there are dirty dishes. All garbage must be bagged and ready for disposal and placed in appropriate bins. Tenant(s) shall not be responsible for making up beds at check-out. If Broker determines, in its sole discretion, that excessive dirt, furniture stains, carpet stains or other damage is present, additional charges will be assessed and charged to the CREDIT CARD ON FILE.

N. MAINTENANCE: Owner shall be responsible for maintaining the unit unless damage is caused by Tenant(s) misuse or neglect. Tenant(s) agree that no rent reduction or abatement will be given unless unit is deemed to be completely uninhabitable. Tenant(s) may not make any changes to the unit and must put furniture back to its original placement (if moved). Any work performed by the condo or homeowners association in the unit or building, nearby buildings grounds or common amenities is not reason for refund or cancellation of this agreement after check-in date. Broker shall not be liable for any losses or damages, including incidental or consequential damages, including those caused by Owner’s failure to perform repairs and maintain the unit. Any damages or defective conditions found upon arrival should be reported immediately to the rental office, before 11:00 a.m. the following morning. Tenant agrees no refunds will be given for issues that are out of our control such as cable issues, WIFI issues, and pool heat issues. If property has a dock and lift Clausen Properties, Inc does not guarantee proper operation of lift (Maintenance of such is at the discretion of the owner) Broker will order repairs in a timely manner once notification is given by the Tenant(s), but Broker has no control over the scheduling availability of vendors.

O. ASSIGNMENT: Tenant(s) shall not assign this agreement or sublet the premises or any part thereof. Any unauthorized transfer of interest by the Tenant(s) shall be a material breach of this agreement.

P. INDEMNIFICATION: Tenant(s) agrees to indemnify and hold harmless Owner and Broker and their Agents from legal claims, suits, or damages of any kind, from or related to any acts or omissions of Tenant(s) or Tenant’s gross negligence.

Q. RISK OF LOSS: Personal property of Tenant(s) and Tenant’s guests shall be in the unit at the sole risk of the Tenant(s). Broker and owner shall not be liable for any loss or damage caused to said personal property arising from fire, accident, acts of God, criminal acts, acts of negligence or bursting or leaking water pipes.

R. ATTORNEY FEES: Should it become necessary for Owner or Broker to employ an attorney to enforce the terms and conditions of this agreement, TENANT(S) SHALL be responsible for ALL associated costs and attorney fees including, but not limited to, an in-house attorney or Broker, whether or not legal suit is filed.

S. HAZARDS: It is unknown if there are hazards that affect the premises. Broker does not have the technical expertise to advise you of their significance or to ascertain whether or not they are present. Hazardous substances inside the unit can include cleaning chemicals, paint, lawn and garden chemicals, and a variety of indoor air pollutants that can accumulate in improperly ventilated buildings. Hazardous substances outside the unit include those found in contaminated land, water, landfills, and other disposal sites, and formaldehyde, foam insulation (UFFI), mold, mildew, and radon gas. Any property built prior to 1978 may contain a lead-based paint hazard. Tenant(s) is/are not permitted to have access to any rooms, storage areas, or closets that are designated to be exclusively for the use of the Owner.

T. RADON GAS: Radon Gas is a naturally occurring radioactive gas that, when accumulated in a building in sufficient quantities, may present health risks to persons who are exposed to it over time. Levels of radon that exceed Federal and State guidelines have been found in buildings in Florida. Additional information regarding radon and radon testing may be obtained from your county public health unit. Broker makes no representation about the existence of radon gas on the subject premises.

U. TIME IS OF THE ESSENCE: Time is of the essence with respect to all time periods contained in this agreement.

V. AGENCY: Tenant(s) understands and agrees that Broker will be compensated by the Owner.

TENANT(S) UNDERSTAND THAT MARCO ISLAND HAS STRICT CODE ENFORCEMENT, INCLUDING NOISE ORDINANCE. ORDINANCES ARE IN EFFECT 24/7, WITH NOISE OF PARTICULAR CONCERN DURING THE HOURS OF 10PM TO 7AM. IF TENANT(S) ARE OUTSIDE ON THE LANAI OR PATIO DURING THE EVENING THEY MUST BE CONSIDERATE OF NEIGHBORS. IF THIS PROPERTY IS A CONDOMINIUM OR/AND WITHIN A HOMEOWNER ASSOCIATION, IT IS ALSO SUBJECT TO ASSOCIATION RULES. TENANT(S) UNDERSTAND THAT THEY WILL BE LIABLE FOR ALL COSTS/EXPENSE/ATTORNEY FEES RELATED TO VIOLATION OF LAW, ORDINANCE OR RULE.

TENANT(S) ACKNOWLEDGES AND ASSERTS THAT THIS IS NOT THEIR SOLE RESIDENCE, AND TENANT(S) INTENDS THIS OCCUPANCY TO BE TEMPORARY AND TRANSIENT. TENANT(S) ACKNOWLEDGES FLORIDA STATUTE CHAPTER 509 WILL APPLY AND REGULATE THE OCCUPANCY. RETURN ON CONTRACT WITH TENANT SIGNATURE IS A VALID BINDING ACCEPTANCE OF THIS AGREEMENT. ACCEPTANCE BY FAX OR SCAN AND EMAIL SHALL CONSTITUTE VALID BINDING ACCEPTANCE OF THIS AGREEMENT. TENANT(S) ACKNOWLEDGES THAT THE ABOVE STATEMENTS HAVE BEEN READ, AND TENANT(S) AGREES TO ABIDE BY THEM.

NOTWITHSTANDING ANYTHING TO THE CONTRARY, TENANT AGREES IT WILL LOOK SOLELY TO LANDLORD’S ESTATE IN THE SUBJECT LEASED PROPERTY AS THE SOLE ASSET FOR COLLECTION OF ANY CLAIM, JUDGEMENT OR DAMAGES OR ENFORCEMENT OF ANY OTHER JUDICIAL PROCESS REQUIRING PAYMENT OF MONEY. TENANT AGREES THAT NO OTHER ASSETS OF LANDLORD SHALL BE SUBJECT TO LEVY, EXECUTION OR OTHER PROCEDURES TO SATISFY TENANT’S RIGHTS OR REMEDIES.