AGB
General Rental Terms and Conditions
Cape Manatee Vacation Homes Cape Coral Inc.
1. Contracting Parties and Role as Intermediary
Cape Manatee Vacation Homes Cape Coral Inc., hereinafter referred to as “Cape Manatee,” acts solely as an intermediary for the rental of vacation properties.
The rental agreement is entered into exclusively between the renter/guest and the respective owner/landlord of the rental property. Cape Manatee is not the owner, landlord, tour operator, or provider of travel services.
Legal Notice: Cape Manatee acts exclusively as an intermediary and booking agent in the name and on behalf of the respective property owner and does not act as a real estate broker. Cape Manatee arranges only short-term transient vacation rentals governed by Chapter 509 and applicable DBPR requirements.
The subject of the agreement is the temporary rental of a vacation property as a short-term vacation rental. No permanent residential tenancy is created.
2. Booking and Formation of the Agreement
An inquiry or acknowledgment of receipt does not constitute a binding booking confirmation.
The rental agreement becomes effective once Cape Manatee confirms the booking in the name and on behalf of the Owner and the required deposit has been received by the applicable due date.
The booking confirmation specifies the rental property, rental period, rental price, payment terms, number of guests, and any special conditions applicable to the property.
Amendments or additional agreements are valid only if confirmed in writing.
3. Payment
Unless otherwise agreed, a deposit equal to 30% of the total amount is due at the time of booking.
The remaining balance must be paid no later than 60 days before arrival unless otherwise stated in the booking confirmation.
Payments are considered made only after the funds have been credited to the designated recipient.
Any bank, credit card, wire transfer, or payment processor fees resulting from the renter’s selected payment method are the responsibility of the renter.
In the event of late payment, the Owner, represented by Cape Manatee, may terminate the agreement and rent the property to another party. Cancellation charges and any additional claims remain unaffected.
4. Utilities, Electricity, and Security Deposit
Water, waste collection, and customary utilities are generally included in the rental price unless otherwise stated in the property description or booking confirmation.
Electricity is included only to the extent agreed. Excess usage may be charged based on actual consumption.
When a security deposit is required, it serves as security for claims arising from damage, excess utility usage, additional cleaning, missing items, or other amounts owed under the rental agreement.
Following departure and inspection of the property, the security deposit will be accounted for and refunded without interest, provided no justified deductions apply.
5. Cancellation by the Renter
Cancellations must be submitted in writing. A cancellation becomes effective upon receipt.
Unless otherwise agreed, the following cancellation charges apply:
- Up to 60 days before arrival: 30% of the total amount
- 31 to 60 days before arrival: 50% of the total amount
- 1 to 30 days before arrival: 100% of the total amount
- No-show: 100% of the total amount
Changes or modifications to a booking are subject to availability and require written approval. A processing fee may apply.
The purchase of travel cancellation and trip interruption insurance is strongly recommended.
6. Unavailability of the Rental Property
If the rental property becomes wholly or partially unavailable due to force majeure, natural disasters, hurricanes, flooding, sale of the property, damage, governmental orders, or other unforeseeable circumstances, the Owner, Property Management, and Cape Manatee will make reasonable efforts to provide a suitable alternative.
If no alternative accommodation is available or if the proposed alternative is reasonably rejected, the renter will receive a refund for any rental nights not provided.
To the extent permitted by law, any additional claims, including claims for travel expenses, replacement accommodations, consequential damages, or loss of vacation enjoyment, are excluded.
7. Use of the Rental Property
The rental property may be used only by the individuals listed in the booking. Additional guests or visitors are permitted only with prior approval.
The renter is responsible for all accompanying guests, children, visitors, and other users of the property.
The rental property must be treated with care and left in broom-clean condition upon departure. Trash must be properly disposed of, dishes must be cleaned, and all doors and windows must be closed.
The renter is responsible for any damage caused by the renter, accompanying guests, children, visitors, pets, or other users.
8. House Rules
The rental property is generally located in a residential neighborhood. Quiet hours, neighborhood rules, homeowners’ association rules, and local regulations must be observed.
Loud music, parties, loud vehicles, and other disturbances are prohibited between 10:00 p.m. and 7:00 a.m.
Parties, events, weddings, commercial activities, illegal activities, drug use, and any other unauthorized use are prohibited.
Violations may result in immediate termination of the stay, forfeiture of rental payments, additional charges, or claims for damages.
9. Smoking and Pets
Smoking inside the property is strictly prohibited.
Violations may result in charges for special cleaning, odor removal, filter replacement, loss of use, and any additional damages. The minimum charge is USD 100.00 unless the actual damages are higher.
Pets are permitted only if approved in writing in advance. The renter is responsible for all damage, additional cleaning costs, or fees caused by animals.
10. Pool, Outdoor Areas, Dock, and Equipment
Use of the pool, spa, dock, seawall, grill, bicycles, kayaks, stand-up paddleboards, sports equipment, and any other amenities or equipment is at the user’s own risk.
Children and non-swimmers must be actively supervised at all times.
Use of the pool, dock, watercraft, or equipment is prohibited during thunderstorms, storms, darkness, or while under the influence of alcohol or drugs.
Before using any equipment, the user must inspect its visible condition. Damaged or unsafe items must not be used and must be reported immediately.
Unless expressly agreed otherwise in writing, Cape Manatee is not the owner, operator, maintenance provider, or supplier of any equipment.
11. Defects and Corrective Action
Defects, damage, or equipment failures must be reported immediately to Property Management, the Owner, or Cape Manatee so that corrective action may be taken.
If a problem is not reported promptly, claims for a reduction, refund, or damages may be forfeited to the extent that the failure to report prevented or hindered corrective action.
Temporary outages or failures involving appliances, internet service, air conditioning, pool heating, television service, grills, or other amenities generally do not entitle the renter to a refund, provided repairs are arranged as promptly as reasonably possible.
12. Access to the Rental Property
The Owner, Property Management, Cape Manatee, or authorized service providers may enter the property at any time in the event of an emergency.
The property or outdoor areas may be accessed with reasonable notice for repairs, maintenance, pool service, landscaping, cleaning, inspections, or other necessary work.
Pool and landscaping service providers have access to the necessary outdoor and mechanical areas.
13. Liability of Cape Manatee
Cape Manatee acts exclusively as an intermediary in the name and on behalf of the Owner.
Claims relating to the condition, amenities, safety, cleanliness, maintenance, availability, pool, dock, equipment, or other property-related matters must be directed to the Owner or Property Management. Disturbances caused by neighbors, noise, or off-site construction are generally beyond their control and do not give rise to any claims.
Cape Manatee is liable only for its own intentional misconduct or gross negligence in connection with its intermediary services, to the extent such liability cannot legally be excluded or limited.
To the extent permitted by law, liability for indirect damages, consequential damages, travel expenses, replacement accommodations, loss of vacation enjoyment, or claims arising from the use of the rental property is excluded.
14. Passport, Visa, and Entry Requirements
The renter and all accompanying travelers are solely responsible for valid passports, visas, ESTA authorization, entry requirements, customs requirements, health requirements, and insurance requirements.
The renter is responsible for any disadvantages, losses, or costs resulting from failure to comply with these requirements.
15. Governing Law and Venue
To the extent legally permitted, these Terms and Conditions are governed by the laws of the State of Florida, United States of America.
To the extent legally permitted, venue and place of performance shall be Lee County, Florida, United States of America.
Any mandatory consumer protection laws remain unaffected to the extent they apply.
16. Severability
If any provision of these Rental Terms and Conditions is or becomes wholly or partially invalid or unenforceable, the validity and enforceability of the remaining provisions will not be affected.
The applicable statutory provisions will apply in place of any invalid or unenforceable provision.
17. Acceptance
By making a booking or payment, signing an agreement, providing electronic confirmation, or using the rental property, the renter accepts these Rental Terms and Conditions, the rental agreement, the booking confirmation, and all applicable house rules.
The primary renter is responsible for informing all accompanying guests and visitors of the applicable rules.
