TERMS AND CONDITIONS – 130
The following Terms and Conditions constitute a legally binding agreement between Guest and Brampton Park Rentals, Inc. (“Brampton Park”) that governs the vacation rental Guest made through Brampton Park. Guest agrees as follows:
NOTE: For all reservations we will require a govt ID. Clients will be required to complete a 3rd party verification process. Please be aware that the minimum age to rent our homes is 30 years old. The person making the reservation must be traveling and present at check in. We will not accept reservations that do not meet this criteria.
1. MAXIMUM OCCUPANCY:The property You are renting (the “Premises”) may not be occupied by more than two (2) persons per bedroom at any onetime. unless the bedroom is specifically designed to sleep 3, or 4 people. There shall be no more cars on the Premises than there are bedrooms.
2. CHECK IN: Check in is at 12:00 p.m. Eastern Standard Time on the first date of Guest’s reservation and check out time is 2:00 p.m. Eastern Standard Time on the final date of Guest’s reservation, unless otherwise agreed in writing by Brampton Park.
3. ADULT SUPERVISION REQUIRED: All persons under the age of eighteen (18) will be under adult supervision at all times while on the Premises.
4. USE OF PREMISES: Guest’s use of the Premises is limited to short term vacation rental for residential and private activities, which shall not disturb the peace and quiet enjoyment of the surrounding community and residents. The following activities are strictly prohibited:
-Use of the Premises for any kind of trade or business purpose;
– Use of the Premises for any type of illegal activity whatsoever; and
-Storage or handling on the Premises of any items considered dangerous, highly dangerous, or hazardous including, but not limited to, combustible or explosive items, materials with such characteristics, or materials which could unreasonably raise the probability, risk or danger of a fire.
In the event that any of the strictly prohibited activities described above are highly suspected or witnessed by neighbors, local police, or security personnel, Brampton Park may, in its sole discretion, terminate Guest’s rental and require You and any persons associated with You to leave the Premises immediately and permanently. If Guest’s rental is terminated, Guest will remain responsible for all fees associated with Guest’s rental, including, but not limited to, all rental fees and the securitydeposit.
Guest shall not conduct any illegal activity on the premises. Such illegal activity will be deemed a default and breach of this Agreement.
All persons under the age of eighteen (18) will be under adult supervision at all times while on the premises.
5. CREDIT CARD PAYMENTS: All payments are non-refundable.Guest herein acknowledges and agrees that the Brampton Park’s acceptance of credit card payments is a convenience to the Guest and may be rejected at the Brampton Park’s sole discretion.
Guest acknowledges that all subsequent payments due will be automatically charged to the card on file on the due date
THE GUEST HEREIN AGREES THAT ALL CREDIT CARD CHARGES MADE RELATING TO THIS AGREEMENT ARE FULLY AUTHORIZED BY THE GUEST AND CARDHOLDER. GUEST HEREIN AGREES THAT HE/SHE SHALL NOT DISPUTE ANY CREDIT CARD CHARGE AND WILL NOT REQUEST OR CAUSE A CHARGE BACK OF ANY CREDIT CARD CHARGE RELATING TO THIS AGREEMENT.
6. QUIET ENJOYMENT:The Guest’s use of the Premises shall not disturb the peace and quiet enjoyment of the surrounding community and residents. Moreover, Guest shall not use the Premises for any illegal or dangerous activities. Brampton Park may, in its sole discretion, terminate Guest’s rental and require Guest and any persons associated with Guest to leave the Premises immediately and permanently, if it believes that Guest or any persons associated with Guest are disturbing the peace and quiet enjoyment of the surrounding community and/or using the Premises for illegal or dangerous purposes.
Any violation of this provision by Guest or its invitees, whether reported by neighbors, addressed by local law enforcement, or detected by neighborhood security personnel, shall be grounds for immediate termination of the Rental Period without refund or rental adjustment.
7. MAINTENANCE OF PREMISES: Guest shall maintain the Premises in good and clean condition, including, but not limited to, proper garbage disposal, throughout the Rental Period. Guest shall use all appliances, equipment and fixtures (including, but not limited to, furniture) with reasonable care and diligence. In the event of an equipment or appliance malfunction on the Premises, Brampton Park will use its best efforts to expedite repairs. If an equipment malfunction renders the Premises unsuitable for the Guest’s use, in the sole discretion of the Brampton Park, Brampton Park will use its best efforts to accommodate the Guest at a different property. Guest shall immediately notify Brampton Park of any necessary maintenance, repair, water leak, plumbing, or pest control issue of the Premises.
No rent adjustment shall be made for the malfunction or loss of use of equipment or amenities or other maintenance, repair or pest control issue. In the event the Premises is deemed uninhabitable by Brampton Park or qualified third-party, or Guest is ordered to evacuate the Premises due to governmental order, Brampton Park shall refund Guest for any unused portion of rent. Brampton Park shall not be responsible for planning for Guest’s alternative accommodations.
8. “AS-IS”: Guest acknowledges that they have fully inspected the Premises, including all appliances, equipment and fixtures, and acknowledges that the Premises are in a reasonable, good and working order and are acceptable for their intended use. Guest is renting the Premises in “as-is” condition with no warranties or promises express or implied. Guest will notify Brampton Park immediately of any maintenance, repair or pest control issue on the Premises. Brampton Park will use its best efforts to remedy any issues of which it receives notice, but will not provide any refund or rent adjustment for any loss of or impact on use (including, but not limited to, any loss of use of any television or kitchenappliance).
9. DAMAGE TO PREMISES:In the event Guest or any person associated with Guest causes any damage to the Premises, Brampton Park may, at its option, carry out any necessary repairs and Guest will pay any associated costs on demand.In the event that a major repair to the Premises must be made that will necessitate Guest vacating the Premises, Brampton Park may, at its option, terminate Guest’s rental and require Guest to vacate the premises. If Guest’s rental is terminated, Guest will hold Brampton Park, the owner of the Premises, and any agents or persons associated with either Brampton Park or the owner of the Premises harmless for any damagessuffered. Any refund shall be limited to amount of unused rental and Guest shall not be entitled to reimbursement of any further costs and no other damages may be assessed.
10. RIGHT OF ENTRY: Brampton Park and its agents have an immediate right of entry on the Premises in cases of emergency or to protect or preserve the Premises. Any authorized Brampton Park employee, agent or repairman may enter the premises during customary business hours for any purpose related to the repair, care, improvement and management of the Premises upon providing reasonable notice. No notice is required in case of an emergency. Altering or adding locks to any means of ingress or egress to the Premises is strictly prohibited
11. PERSONAL PROPERTY: Guest maintain personal property on the Premises at Guest’s own risk. Brampton Park is not responsible at any time for any items left on the Premises and is not responsible or liable for any of Guest’s personal property on the Premises at any time. Neither Brampton Park, nor the owner of the Premises, nor any of their agents or associated parties shall be liable for any damage or injury to any property or person caused by or resulting from steam, electricity, gas, water, criminal acts, acts of negligence, rain, ice or snow, any leak or flow from or into any part of the Premises, or from any damage or injury resulting or arising from any other cause whatsoever, whether relating to occurrence inside or in the immediate area adjacent to the Premises and/or Premises’ common areas. Guest assumes all risk to its personal property associated with use of the Premises.
12. UTILITIES AND SERVICES: Brampton Park shall be responsible for Water, Sewer, Electricity and Telephone in connection with the Premises and any other utilities or services not specifically assumed by the Guest.
13. RULES AND REGULATIONS: Guest and its invitees shall abide by all rules, regulations, and policies of any homeowners’ association, recreational association or condominium association, as applicable regarding the Premises or Property. Guest and its invitees shall abide and comply with all laws, orders, rules, requests and directives of all municipalities, governmental authorities, law enforcement agencies, Brampton Park’s insurers, and similar authorities and agencies. Notices received by Guest from any authority or entity must be promptly delivered to Brampton Park.
14. REMODELING / ALTERATIONS: Guest is prohibited from engaging in any painting, construction, altering, or remodeling of the Premises. The Guest will not remodel or make any structural changes, alterations, additions, or decorations to the Premises; will not affix wallpaper, paint, or permanently decorate walls or fixtures; will not install, attach, remove, or exchange appliances or equipment; and will not change the existing locks of the Premises, without the prior consent of the Brampton Park. Guest will not remove or replace any fixtures, equipment, furnishings, decorations, or window treatments.
15. PEST CONTROL: Brampton Park will use its best efforts to address pest control concerns but will not reduce the Total Rent Amount due to the presence of pests or in the event of untimely service by pest control companies.
16. SMOKING: Smoking is prohibited on the Premises, except in a designated outdoor area, if any. Guests shall not smoke, or permit anyone to smoke or vape on the Premises. Smoking shall include the inhaling, exhaling, breathing, carrying, vaping, or possession of any lighted cigarette, cigar, pipe, or other product or substance, or other similar lighted product, including electronic cigarettes. Any evidence of smoking detected by Brampton Park, at its sole discretion, including but not limited to the presence of smoke odor, ashes, smoking materials, or burns found on the Premises constitute a violation of this no smoking policy. A violation of this policy will result in termination of this Agreement, forfeiture of the Total Rent paid and/or Security Deposit, plus the assessment of additional cleaning fees. The foregoing rule notwithstanding, the Brampton Park may designate an outdoor area for smoking, provided the designated area is located outside of and away from, any building or other location where secondhand smoke might drift back into the building. Guest acknowledges that the designated smoking area, if any, may change or be eliminated without notice and at the Brampton Parks’ sole discretion. Ashes and burns found on the Premises constitute a violation of this no smoking policy.
17. SWIMMING: Guest assumes any and all risks associated with any swimming pool or other body of water located on or in the vicinity of the Premises. Neither Brampton Park, nor the owner of the Premises, nor any of their agents or associated parties shall be liable for any damage or injury to anyone caused by a swimming pool or other body of water located on or in the vicinity of the Premises. Guest acknowledges that there is no lifeguard on duty, no lifesaving equipment, and no pool alarm on the Premises at any time, and that Guest is responsible for all persons accessing any pool or any other body of water on the Premises. GUEST ASSUMES FULL RESPONSIBILITY AND LIABILITY FOR GUEST’S OWN AND GUEST’S INVITEES’ USE OF THE PREMISES, BODY OF WATER, POOL AND/OR SPA.
18. ANIMALS: No animals are allowed on the Premises for any reason without written approval of Brampton Park and payment of a $250.00 fee per animal. In the event that Guest brings an animal onto the Premises without written permission of Brampton Park, Guest shall be required to vacate the Premises immediately and shall forfeit all fees associated with Guest’s rental from Brampton Park, including the entire rental amount and the security deposit. Guest shall also be liable for any damage caused by any animals on the Premises.
19. ASSIGNABILITY/SUBLETTING: Guest may not assign or sublet any interest in the Premises, nor assign, mortgage, or pledge this. The Guest is not permitted to let, rent short-term; or otherwise assign rights to a third party regarding the Property pursuant to services including, but not limited to, Bed and Breakfast services, Air B&B, Craigslist, and/or VRBO.
20. GUEST OBLIGATIONS UPON EXPIRATION OF THE AGREEMENT: On the date Guest’s rental expires, Guest shall turn in all keys, and leave the Premises in good, clean condition, free of property damage, excluding ordinary wear and tear. Guest’s obligation to observe and perform the covenants contained in these Terms and Conditions shall survive the end of Guest’s rental period. Any damage to the property resulting from the negligent use of the Premises, improvements thereon and/or any appliances and fixtures shall be Guest’s financial responsibility.
21. SECURITY DEPOSIT RETURN: If Brampton Park determines, in its sole discretion, that the Premises have been returned in satisfactory condition, Guest’s security deposit shall be returned within thirty (30) days after the Premises have been vacated. Any and all fees associated with damage to the Premises caused by you, as determined by Brampton Park in its sole discretion, shall be deducted directly from the security deposit. Fees in excess of the amount of the security deposit shall be billed to You, and payment will be due to Brampton Park within thirty (30) days of Guest’s receipt of an invoice.
22. CANCELLATION: No cancellations will be refunded.
23. RETURNED CHECKS: Florida law provides a 5% service fee on all returned checks, with a minimum $50 handling charge for any checks returned for any reason. If for any reason it becomes necessary for Brampton Park to initiate litigation to enforce these terms and conditions, the guest shall be liable for all costs of such suit, including reasonable attorney’s fees.
24.DEFAULT: In the event of nonpayment of any required rental payment as or in the event of any breach of any of the conditions, stipulations, promises or covenants as set forth in the Agreement, Guest’s right of possession of the Premises shall terminate with or without notice or demand and the retention or possession thereafter by Guest shall constitute an unlawful detainer of the Premises. In such event, Guest shall become a guest at sufferance, thereby waiving all rights of notice to vacate the Premises and Brampton Park shall be entitled to re-enter and re-take possession immediately of the Premises with or without legal proceedings. All sums of money or charges required to be paid by Guest under this Agreement shall be additional rent, whether or not such sums or charges are designated as “additional rent”. The rights provided by this paragraph are cumulative in nature and are in addition to any other rights afforded by law.
25. MECHANIC’S LIENS: Neither Guest nor anyone claiming through Guest shall have the right to file or serve a Notice to Owner, mechanic’s lien, or any other kind of lien or encumbrance relating to the Premises. Further, Guest agrees to: (i) give actual advance notice to any contractors, subcontractors or suppliers of goods, labor or services that such notices or liens will not be valid; and (ii) take whatever additional steps that are necessary in order to keep the premises free from all liens resulting from construction done by or for the Guest.
26. CONDEMNATION AND ACTS OF GOD: If for any reason the Premises are condemned by any governmental authority, or destroyed or rendered uninhabitable or otherwise unusable, as determined by Brampton Park in its sole discretion, through fire, act of God, nature including, but not limited to, storm or hurricane, accident, or pandemic, the Rental Agreement shall cease and terminate as of the date of such event. Guest hereby waive all claims against Brampton Park and any of its agents for any damages suffered because of any such event. Guest further agrees to immediately vacate the Premises, if requested by Brampton Park, for reason of an approaching hurricane, or declaration of hurricane watch or warning relating to the Premises. Any refund shall be limited to amount of unused rental and Guest shall not be entitled to reimbursement of any further costs.
27. INDEMNIFICATION: Guest hereby agree to indemnify and hold harmless Brampton Park, its agents or Owner(s) of the Premises from and against any and all liability for personal injury, property damage or other loss, cost, liability expense, penalty, fine, damage or claim (including attorneys’ fees and disbursements) in connection with or arising from: (a) the use, occupancy, or manner of use or occupancy, of Guest or Guest’s agents or invitees; or (b) any acts or omission of any invitee in or about the Premises. If any action or proceeding is brought against Brampton Park,its agents or Owner(s) of the Premises by one or more of Guest’s invitees, Guest shall cause such action or proceeding to be defended at Guest’s expense by counsel satisfactory to Brampton Park,its agents or Owner(s) of the Premises.
28. ATTORNEY’S FEES: In the event any dispute arises under the Rental Agreement between Guest and Brampton Park, its agents or Owner(s) of the Premises, the prevailing party in such litigation shall be entitled to collect reasonable costs and attorney’s fees, at trial and on appeal. Venue shall be Palm Beach County; Florida and the Agreement shall be governed by the laws of the State of Florida.
29. NOTICE: Unless expressly provided otherwise herein, any notice, demand, consent, approval, request, statement, document or other communication required or permitted to be given hereunder shall be in writing and shall be sent by either: (i) email, or (ii) personal delivery with evidence of receipt, or (iii) a nationally recognized overnight courier service, in each case addressed to Brampton Park or Guest as Guest, as applicable, at such address(es) as either party may notify the other pursuant to a notice delivered in accordance with the terms of this Paragraph. Delivery of each notice shall be deemed made on the date delivery is made (or, if applicable, on the date that delivery is refused).
30. SEASONAL RENTAL: Guest’s rental is seasonal and temporary in nature. This Agreement relates to the short-term Vacation Rental as that terms is defined by Florida Statute § 509.242. Accordingly, the Rental Agreement is not subject to the provisions of. § 83, Florida Statutes. This Agreement is not a lease.
31. BINDING AGREEMENT: Guest acknowledges there is no rescission or cancellation period once the Agreement is signed.
32. ENTIRE AGREEMENT: This agreement contains the entire agreement between Brampton Park and Guest relating to use of the Premises and supersedes all prior or contemporaneous oral and written discussions, negotiations and agreements relating thereto.
33. JOINT AND SEVERAL OBLIGATIONS: If more than one individual, firm or corporation shall join as Guest, the covenants of Guest shall be the joint and several obligations of each party signing as Guest, and when the parties signing as Guest are partners, the covenants shall be the obligation of the firm and of the individual members thereof.
34. GOVERNING LAW: This Agreement shall be construed in accordance with the laws of the State of Florida. The Guest herein agree to submit themselves to the jurisdiction and venue in the circuit courts of Palm Beach County, Florida.