Terms and conditions

 
Pursuant to this Agreement, (“Guest”) agrees to rent certain property from SeaBreeze Vacation LLC (“SeaBreeze”) for the period from (the “Rental Period”) on the terms and conditions set forth below. Guest, and any of his or her invitees, agrees to abide by the Terms of this Agreement.

 

1. RESPONSIBLE PARTY: 
The reservation is required to be made by an individual of at least 25 years of age. The Property is considered a family vacation rental, and therefore, each individual under the age of 25 must be accompanied by a parent or legal guardian who must also reside at the Property throughout the duration of the stay. Reservations obtained under false pretenses will cause forfeiture of all payments, and Guest will be asked to vacate the Property immediately. This policy includes reservations made by parents who do not check-in and/or who leave overnight during the length of the stay. NO EXCEPTIONS!

 

2. RENTS AND PAYMENT: 
25% is due at the time of booking. No reservation will be confirmed until the deposit is received. Payment of the remaining balance is due no later than 30 days from the earliest date in the Rental Period. For reservations made less than 30 days from the Period, 100% of the balance is due upon booking. Accepted forms of payment are Visa, MasterCard, Discover, bank money order, cashier's check or personal check. Initial payment must be made with a credit card, and Guest agrees to provide SeaBreeze with a valid credit card in his or her name to secure any expenses incurred under this Agreement and agrees that should Guest fail to make payment in full or cancel the reservation by the due date, SeaBreeze is authorized to charge any amounts owed to Guest’s credit card. Rental rates are subject to change, and no refunds will be provided in the event that the advertised rental rates are reduced subsequent to Guest’s booking. If a discrepancy arises between information or rates quoted verbally, on SeaBreezevacation.com or any site where the property is advertised, via email or otherwise, the rate on the reservation will prevail. In the event incorrect information or rates are quoted due to a typographical or other error, SeaBreeze shall have the right to refuse, cancel, or limit any reservations listed incorrectly, whether or not a reservation confirmation has been sent.

 

3. INSPECTION AND TERMINATION:
SeaBreeze has the right to inspect the Property without prior notice at any time to enforce the terms of this Agreement. Should Guest or any guests of Guest violate the terms of this Agreement, then SeaBreeze may terminate Guest’s occupancy, and Guest will forfeit any monies paid to SeaBreeze and may be subject to additional fees which Guest authorizes to be charged to the credit card “held on file” for the reservation.


Guest agrees to vacate the Property at the conclusion of the Rental Period and agrees that a refusal to do so will constitute trespassing and subject Guest and his or her invitees to possible criminal charges. SeaBreeze or its agent may enter the Property and remove Guest, the members of Guest's party, and their belongings.

 

4. SECURITY DEPOSIT WAIVER FEE:

Each reservation includes a Security deposit Waiver Fee. This pays for accidental damage to the property during your stay. This does not pay for wanton acts, theft or malicious damage. All accidents must be reported to SeaBreeze prior to check-out. Guest takes full responsibility for invitees and any charges in full for any and all damage over $2,000 caused. Guest authorized that the cost for all non accidental damages, theft or malicious damage to be charged to the credit card “held on file” for the reservation.


5. CLEANING FEE: 
Property will be cleaned to quality standards prior to your arrival and after your departure. You will be responsible for the cleaning of the Property during your stay and for leaving the Property in good condition at check-out. Each Property has a cleaning fee associated with the size and amenities at the Property. SeaBreeze respectfully requests that you remember that you are staying in someone’s home during your vacation; please treat it with the care you would your own. Excessive cleaning required by the cleaning staff subsequent to check-out will result in a charge to the credit card on file.

 

6. TAXES:

Taxes are required to be collected on rentals in duration of six months or less and are calculated in the reservation amount subject to the State of Florida Sales Tax and Manatee County Resort Tax.

7. CHECK-IN /CHECK-OUT:

Check in time begins at 4:00 PM EST on the first date of the Rental Period. You will receive your access code, etc. at least 24 hours before check-in via text and or Email. Check-in/Check-out details will also be sent via email. Check-out time is 10:00 AM EST on the last day of the Rental Period Early Check-in or late Check-out may be requested but not guaranteed. Rate adjustments can not be made for late check-in or early departure. 

8. HURRICANE, TROPICAL STORMS, AND ACTS OF GOD: 
SeaBreeze cannot be held responsible for inclement weather or any Acts of God and, refund of rental monies will not be given. Should a hurricane or tropical storm threaten our area, we will receive evacuation instructions from the National Hurricane Center and our local governing officials. If the “Mandatory Evacuation” order is given, refunds will only be given by Red Sky Travel Insurance if you have purchased coverage before the storm was named. SeaBreeze will not refund any guest that has not taken out the recommended travel insurance.

 
9. DOG POLICY:
A select number of properties managed by SeaBreeze will allow small house-trained dogs aged over 1 year. Some properties do not allow dogs under any circumstances. Other animals including cats are not allowed on any properties. All dogs must be authorized prior to arrival. An additional fee of $125 plus taxes per dog per reservation will be charged. In the event that a guest brings a dog to a dog-friendly property without obtaining prior authorization, a 20% surcharge on the total cost of the reservation will be charged to the Guest’s credit card, and SeaBreeze also reserves the right to terminate this Agreement immediately without refund. In the event that a guest brings a dog to a non dog-friendly property, a $1200 surcharge, will be charged to the Guest’s credit card, and SeaBreeze also reserves the right to terminate this Agreement immediately without refund.

The following strict rules apply to properties that do allow dogs:

 

  • Dogs are strictly not allowed on the beds or the sofas. Please bring pet’s own basket/blanket to be used. It is mandatory for any pet accepted to be house trained. Dog are also not allowed in the pool.
  • You must “pick up” after your pet in the yard with no exceptions. A $150 fee will be charged to your credit card “held on file” if you fail to “pick up” after your dog. You must also pick up if you walk your dog on public property.
  • Guest authorizes that the cost for all charges relating to a breach of the Dog Policy above shall be charged to Guest’s credit card “held on file” If any dog causes damage to the Property or any other item in the house, then that item will be replaced and the Guest’s credit card “held on file” will be charged in full for that item with no exceptions. Guest also agrees to indemnify, hold harmless, and defend the owner of the Property and SeaBreeze, its officers, owners, licensees, contractors, vendors, subcontractors, employees and agents against all liability, judgments, expenses (including attorney’s fees), or claims by third parties for any injury to any person or damage to property of any kind whatsoever caused by his/her dog(s).
10. SMOKING:

All properties managed by SeaBreeze are considered Non-Smoking. Guests may smoke outside of the residences with the doors closed to reduce the risk of smoke within the residence. Guests will incur an additional charge of $500 for cleaning and deodorizing if any evidence of smoking is found on the Property.


 

11. OCCUPANCY:

Each property includes a stated limitation on the number of overnight guests which the property can accommodate. No exceptions will be made to this stated capacity. Should more individuals than allowed be found to be staying at the Property, then Guests may be asked to vacate the Property and no refund will be given.


 

12. NEIGHBOR POLICY, DISTURBANCES, PARTIES, AND OTHER LARGE GATHERINGS: 

Properties are located in residential neighborhoods with annual residents. Guest and his or her guests shall comply with all applicable laws and rules of applicable homeowners or condominium associations and shall be good neighbors, respecting the rights of the surrounding neighbors, and shall not create noise or disturbances that interfere with the quiet enjoyment of their  neighbors property. Please be sure to observe all rules and regulations of the local municipality in which you are located. A summary is provided for you within the Property and through our mobile guest app. These municipality regulations, including the noise ordinance, are enforced by local enforcement. All guests, as well as owner, are required to conform to all rules and regulations of the properties. Please respect the rights and space of your neighbors and neighborhood.

 

Noise disturbances, parties and other large gatherings in excess of__ people or use of common areas in a manner contrary to the provisions of this Agreement or the rules of any applicable homeowners or condominium associations, are strictly prohibited. Guest shall be responsible for any fine, penalty or assessment which may be imposed by reason of violation of this Agreement. IF NOISE COMPLAINTS, OVER OCCUPANCY, OR CONTRACT VIOLATIONS OCCUR, OR LAW ENFORCEMENT IS DISPATCHED TO PROPERTY DUE TO ANY DISTURBANCES OR ILLEGAL ACTIVITY, GUEST AND ALL OCCUPANTS ARE SUBJECT TO IMMEDIATE EVICTION BY SEABREEZE WITHOUT REFUND.


 

13. PARKING: 

Each vacation rental can accommodate the number of vehicles shown on the property listing. Should a Guest have visitors, their guests are subject to the same vehicle limitation at the Property. Street parking is allowed in certain locations subject to local ordinances and should be considered daily parking for visitors only. No boats, motor homes, trailers, commercial vehicles, etc.,. shall be permitted on the Property.


 

14. QUIET USE AND ENJOYMENT: 

SeaBreeze Vacation does not guarantee quiet use or enjoyment of rental properties due to noise from other persons, neighboring properties, construction, maintenance, etc. SeaBreeze Vacation can not grant rate adjustments resulting from circumstances outside of the Property. There are local noise ordinances which do not allow music, vocal noise or disturbances after 10 p.m.. Details can be found in each property and on our mobile guest app.


 

15. PROPERTY ACCESS:

All properties managed by SeaBreeze utilize the latest electronic locking technology. No keys are provided for the Property. Access codes will be sent via text message to the Guest. This is also available in the mobile guest app.


 

16. POOLS, SPAS, DECKS AND BARBEQUES:

Guest is responsible for providing charcoal and gas for any outdoor barbecues provided unless specified in the property description. Properties with heated pools and spas are heated to approximately 82 degrees, (Solar pool heaters provide more variable temperatures typically 10 degrees above air temperature) When the ambient temperature falls below 60 degrees for more than 5 hours, the pool heater may not function and even switch off. On days when the weather is cool, the pool heaters may not be able to accommodate swimming. Temperature recovery times will vary due to the outdoor temperature. Pool heaters operate ONLY when the pool pump is running. Residential pools typically run 6-8 hours per day only. SeaBreeze is not responsible for the temperature of the pool due to weather or pool malfunctions and cannot provide refunds for any such events. If the Property is equipped with a spa, these are not hot tubs and the water temperature is not heated as it would in a standalone hot tub. Special risks may be involved when using a pool, spa, deck, related equipment, and/or barbecue area (collectively, the “Facilities). If the Property is equipped with Facilities, Guest acknowledges, on behalf of himself/herself and his or her guests and invitees, the following:

  • Guest shall ensure that the Facilities are used in a safe manner at all times and that non-adult use of the Facilities, permitted, is supervised by a qualified and capable adult.
  • Unsafe and/or unsupervised use of the Facilities by Guest or Guest’s visitors is a material breach of this contract and shall permit SeaBreeze to terminate IMMEDIATELY WITHOUT NOTICE Guest’s occupancy of the Property.
  • Guests are prohibited to tamper with chemicals or equipment. If Guest is found to have tampered with chemicals or equipment, the Guest will be responsible for any expenses incurred.
  • Guest shall indemnify and hold the owner of the Property, SeaBreeze, its officers, owners, licensees, contractors, vendors, subcontractors, employees, and agents harmless from and against any and all liabilities, claims and expenses for personal injury including death or property damage resulting from the Facilities.


17. PROPERTIES FOR SALE:

There are instances where the properties are for sale and from time to time it is necessary for realtors to show these properties to potential buyers. If this circumstance arises, we require the realtor to give us a 24-hour notice so we may inform Guest of this interruption. We try very hard to limit this to one time during a stay; however, we do reserve the right to show this property as needed.

 


18. MAINTENANCE:

The properties are regularly maintained to ensure the quality of your vacation rental property. During your stay, regular maintenance will be performed throughout the week which may include landscaping, lawn care, pool cleaning, etc. In the event of a mechanical failure at the Property, please contact SeaBreeze Vacation as soon as possible so we can quickly schedule a repair. No rent adjustments can be made for circumstances beyond our control or for malfunction or loss of use of equipment of amenities. Guest agrees to allow SeaBreeze employees, vendors, contractors or subcontractors access to the rental property to make necessary repairs or improvements in the management of the Property.

 


19. INDEMNITY:

Guest indemnifies and holds harmless SeaBreeze, its officers, owners, licensees, contractors, vendors, subcontractors, employees and agents and the owner of the Property from and against any and all liability, loss, fine, penalty damage and expense arising from this Agreement or the Property (including, but not limited to the Facilities, common areas, neighboring areas, areas, elevators, etc.), including, but not limited to, reasonable attorney fees and costs; liability, claim or expense arising from: (a) injury to persons or damage to property; (b) occasioned by the failure of the property owner to comply with any provision of law or this Agreement; (c) occasioned by any act or omission of the property owner or any person residing in or renting owner’s property; (d) occasioned by any act of omission of the property owner, or property owner’s agents, servants, or contractors; or, (e) occasioned by any act of omission, with the exception of such acts or commissions constituting gross negligence or willful misconduct of SeaBreeze, when acting as agent for the property owners as provided herein. SeaBreeze is hereby authorized to charge the credit card “held on file” for the reservation to cover Guest’s indemnity obligations set forth herein and any default of Guest under this Agreement.

 


20. 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 that exceed Federal and State guidelines have been found in buildings in Florida. Additional information regarding radon gas and radon testing may be obtained from the Manatee County Health Unit.

 


21. COMMUNICATION POLICY: 

Information collected at the time of reservation (email, physical address, phone number(s), name) will only be used to contact you regarding that reservation with the exception of your email and physical address.  Your email and physical address will be used to send periodic newsletters, promotions, and other information pertaining to SeaBreeze Vacation.  At any time, you may unsubscribe from these communications using the link at the bottom of the emails or contacting us directly. Personal information collected at the time of reservation will not be shared or sold for any circumstance.

 


22. DISCLAIMER:

SeaBreeze reserves the right to relocate a Guest to an alternate property of similar quality for whatever reason. If Guest disagrees with the relocation, SeaBreeze Vacation will cancel reservation and will reimburse all applicable funds paid for the rental.  SeaBreeze Vacation, at times, may record telephone calls for training and quality assurance purposes.  SeaBreeze Vacation takes zero responsibility for stolen personal items in the rare case of theft or vandalism. Guest acknowledges that SeaBreeze is the agent of the property owner and will be paid by the owner. All monies may be placed in an interest-bearing bank account with interest payable to agent. Guest acknowledges that this written notice was given, and is understood, prior to entering into Rental Agreement, in compliance with all Florida Statues. Receipt of initial payment from Guest to SeaBreeze constitutes acceptance of all terms and conditions.




23. MISCELLANEOUS:

A signature via facsimile, electronic transmission or electronic signature hereon shall be deemed an original. Time is of the essence of this Agreement. SeaBreeze may promulgate reasonable rules and regulations which shall automatically deemed to be part of this Agreement upon delivery of the same to Guest. Assignment of this Agreement by Guest is prohibited. 
 

24. TRAVEL PROTECTION INSURANCE:
SeaBreeze has partnered with Red Sky Travel Insurance to provide Sun Trip Preserver® coverage for our guests. Sun Trip Preserver provides cancellation and interruption services as well as emergency assistance and travel services. Protect yourself in the event of hurricane evacuations and family emergencies such as illness or death in the family. The travel insurance is optional, and the cost is 6.95% of your total reservation stay. Lock your policy in early, for the most coverage it is strongly recommended you purchase with your first booking deposit. Premium is non-refundable after 14 days of purchase. To learn more about Sun Trip Preserver or to file a claim, please visit http://trippreserver.com/sun-trip.html
Phone: 866-889-7409 
Email: redsky@archinsurance.com 
Mail: Red Sky Travel Insurance
c/o Arch Insurance Company
Executive Plaza IV
11350 McCormick Road, Suite 102
Hunt Valley, MD  21031


25. CANCELLATION: 
Rental costs, as well as other protected non rental fees will be refunded as follows under our cancelation guidelines:
Reservations canceled 35 days before check-in will receive a refund less 5% of the total cost of the reservation or $100 whichever is greater
Reservations canceled 34-14 days before check-in will receive a refund less 25% of the total cost of the reservation or $500 whichever is greater
Reservations canceled less than 14 days prior to check-in will NOT receive a refund or credit given for any reason
Excluded items from the refund include, third party booking fees and travel insurance. Refund Payments for cancelled bookings made before check in date will be released back to the cancelling guest within 5 days of cancellation. Cancellations made less than 14 days prior to the day of check-in will not be eligible for refund or credit of any kind. Guests may cancel their reservation by notifying SeaBreeze Vacation in writing that they wish to cancel.
If your reservation is not cancelled 14 days  prior to arrival there are no refunds or credits given for any reason. Once you are checked-in there are no refunds for any reason including early departures, delayed arrivals, Acts of God  including but not limited to hurricanes and tropical storms, reduction in the number of nights reserved or mandatory evacuation of the area where the property is  located or red Tide. In addition to our flexible cancellation policy trip cancellation insurance is highly recommended, and Guest agrees that trip cancellation insurance was offered at the time of reservation through our insurance partner, Redsky Travel Insurance. Vacation Rental Insurance reimburses for pre-paid, non-refundable expenses due to certain unforeseeable circumstances that may jeopardize your vacation investment and force you to incur unplanned expenses. Such us an interruption to your stay, medical emergency, etc We strongly recommend you purchase this valuable protection. If not purchased, you acknowledge you have read and understand our cancellation policy and choose not to purchase Vacation Rental Insurance on behalf of all occupants. Separate terms and conditions apply. Read your policy carefully and contact RedSky Phone: 1-866-889-7409 Fax: 1-443-279-2901 Email: redsky@archinsurance.com Office Hours: Monday-Friday, 8:30am – 5pm EST with coverage questions. Excluded Reservations: Reservation made 14 days or less from the check-in date. Reservations made using a credit from a previously cancelled reservation will not be covered. The maximum trip cost reimbursement is $20,000 USD. Bookings with a trip cost more than $20,000 USD or a length of more than 60 days do not qualify for the Flexible Cancellation policy.


Cancellation Policy for Reservations with trip cost over $20,000 or a length of more than 60 days:
Bookings with trip cost over $20,000 or a length of more than 60 days will need to purchase optional travel protection for coverage benefits.  Reservations of more than 60 days and a cost of over $20,000 must be paid in full no later than 60 days prior to check-in. If full payment is not received 60 days prior to check-in your reservation will be cancelled and no refund will be given. Refunds will not be given for any reason once final payment is made. Reservations cancelled prior to 60 days before check-in will be refunded less a 5% cancellation fee. Excluded items from the refund include, third party booking fees and travel insurance.