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Terms and Conditions

CHECK-IN INSTRUCTIONS:

Please note that it will be necessary for you to check-in at our office located at 3508 S. Atlantic Avenue, New Smyrna Beach, FL 32169.  Check in starts at 4pm, however, we cannot guarantee your property will be available right at 4pm during winter and summer seasons due to high turnover.  We will make every effort to make sure your property is available in a timely manner.  You may call ahead and we will be happy to call you as soon as your property is ready.  A PHOTO ID FOR MUST BE PRESENTED UPON CHECK-IN.

CHECK-OUT INSTRUCTIONS:
Check out is promptly at 10:30am on the day of your departure.  Your entire party must vacate the property and keys MUST be returned to our office located at 3508 S. Atlantic Avenue.  There is a key drop in the front door for early departures.  Failure to check out on time may result in a $100 late fee. The Property will be inspected and cleaned upon your departure and the cleaning fee has been included in your total rental fee.  Departures later than 5:00 pm will be charged a full day’s rate. If you would like a late check-out, please make arrangements with us at least 24 hours before departure time. Late departure cannot be allowed if a new guest is arriving.

OFFICE HOURS:
Monday -Saturday    8:30AM – 5:00PM
Sunday                      8:30AM – 5:00PM ~ Closed Sundays the Sunday after Labor Day-November 30th

 

PAYMENT AND CANCELLATION POLICY

 

PAYMENTS.  All amounts due must be paid, in full, 60-days prior to arrival.  Please include your reservation number on all checks or correspondence.  Failure to make payments in a timely manner may result in cancellation of your reservation and forfeiture of any monies paid.  Refunds or adjustments cannot be made for late arrival or early departure.

SECURITY DEPOSIT.  A Refundable Security Deposit is due at time of booking.  The deposit will be refunded 14-days after departure if no damage is found upon your departure.  This deposit will be refunded in the form of a check.

DAMAGE.  Renter shall be responsible for any damage done to the property or equipment located on the premises, by Renter, Renter’s Gusts, or any other person(s) affiliated with Renter. Renter understands and agrees that Agent will hold the Renter financially responsible for the repair and/or replacement of any property and/or equipment should it be damaged during the Renter’s stay and authorized use of the property.  All of Renter’s property kept, parked, or stored on the Property during Renter’s use of the Property shall be so kept, parked or stored at the risk of Renter. Agent shall not be responsible for any loss or damage to Renter’s property and Renter shall hold Agent harmless from any claims arising out of loss or damage to any such property.  Ocean Properties Vacation Rentals, Inc. reserves the right to charge credit card on file for damages.

CANCELLATION POLICY:  Should it be necessary to cancel your reservation, all prepaid amounts will be retained as liquidated damages unless written notice of cancellation is received at least 60-days prior to your arrival.  Penalties will be waived if the unit is re-rented at the same rate, and for the full term of your reservation.  All cancellations are subject to a $90 cancellation fee.

CLEANING FEES: Cleaning fees must be charged on each reservation as is based on square footage.  Your cleaning fee includes linens service so linens do not have to be washed upon departure.

PROCESSING FEE:  A $75 processing fee is charged on each reservation.

PETS.  Pets under 20lbs are permitted and must be approved by management prior to arrival.  Every pet must be disclosed to us BEFORE your arrival. We must approve the weight and breed of your dog.  A non-refundable pet fee for the individual villas and the beach home is $175/pet.  If the entire complex, north villas or south villas are booked a non-refundable fee $350/pet is required.  If you arrive with an unapproved pet, you will be charged a $500 pet fee.

MONTHLY RENTALS:  Monthly rentals consist of 28 nights(four weeks).

TRIP CANCELLATION INSURANCE.  For your convenience, and protection, we offer a travel protection plan covering the total amount of your reservation.  The plan is OPTIONAL.  This plan is available to residents of the U.S., excluding Hawaii and New York Residents, and Canada only.   Travel Insurance is automatically added to your reservation, if you would like to decline this insurance, please contact our office. For more information about Generali Travel Protection please click here.  

 
ONLINE BOOKINGS:  All online reservations are deemed accurate, but are not guaranteed, subject to final confirmation and approval by Management.

RENTAL TERMS AND CONDITIONS

This Agreement constitutes a contract between the person(s) named on this Reservation confirmation (hereinafter referred to as Renter) and Ocean Properties Vacation Rentals, Inc. (hereinafter referred to as Agent), who is authorized on behalf of Owner to rent the Premises referenced herein.

THE RENTER UNDERSTANDS that we accept families, married couples, and single adults. Renter must be 25 years of age to reserve any of our properties and check-in.  You may not rent if you are under the age of 25.  You certify that you have read the limitations placed on the number of persons permitted to occupy the premises, and agree to abide by such limitations; if not, you will be asked to leave with NO REFUND.  Please list all registered guests below.  This includes anyone stay at any time during your stay:

COMPLIANCE WITH RULES AND REGULATIONS.   Renter shall take all reasonable steps to see that he/she, members of his/her family, and other occupants of the Premises adhere to the rules and regulations applicable to the Premises.  Failure to do so may lead to the forfeiture of the Security Deposit (where applicable) or Renter may be asked to leave with NO REFUND.  The following rules and regulations being cited below are exceptionally important:

  • The occupancy of the Premises and the use of pool area shall be sufficiently quiet and peaceful so not to disturb others.  ABSOLUTELY NO NOISE AFTER 10:00PM.
  • Use of the amenities and facilities of the Premises is limited to Renter and registered guests.  Parents are responsible for the behavior of their children.

In accepting this rental, you agree to be responsible for any damage caused by your party or guests.

Renter understands that by Florida law, the legal drinking age is 21 years old.  A minor in possession of alcohol is a misdemeanor in the State of Florida and punishable by law to include severe fines, community service and certified record of any incident under misdemeanor’s name.  The Sheriff’s Department has the authority to be called to a residence and investigate any suspicions of minors drinking or possessing alcohol.  Violation of the above is grounds for immediate eviction.  NO REFUNDS.

HOUSEKEEPING:  Housekeepers do not wash dishes.  All dishes must be cleaned before departure and dishwasher tablets are provided.  Dishes may be left in the dishwasher.  Please remove all trash prior to your departure. Failure to leave Premises in a neat, orderly condition will result in additional charge.  Ocean Properties Vacation Rentals, Inc. reserves the right to charge your credit card on file. Daily housekeeping service is available for an additional fee.

STARTER KIT PROVIDED:  Your accommodation is stocked with a starter kit for your convenience.  This starter kits includes: 2 rolls of toilet paper per bathroom, 1 roll of paper towels, 1 sponge, 2 dishwashing tablets, 2 laundry pods, kitchen wipes, small bars of soap by each sink and in the shower, and a trash bag for the kitchen garbage can.

FURNISHINGS.  Renter understands that the Premises and its furnishings are privately owned.  Neither the Agent nor the Owner shall be responsible for providing any additional furnishings or equipment not specified in the literature.  The Premises is complete with a fully equipped kitchen, linens, and courtesy starter kit of basic paper/soap products.  Beach chairs are not provided.    Property owners want you to enjoy their Florida home as they do.  Please treat their possessions as you would your own.

NON-SMOKING.  Joy by the Sea is a NON-SMOKING property. Upon check out, we will inspect the property.  If smoking in the property has occurred during your stay, you will be charged a fee.  Ocean Properties Vacation Rentals, Inc. reserves the right to charge your credit card on file.

SUBSTITUTION OF COMPARABLE ACCOMMODATIONS.  Rates and availability of accommodations are subject to change without notice.  Agents have authority from Owner to commit for certain period during the twelve months following the confirmation date of this rental.  Should Owner list the Premises for sale prior to the dates of the Renter’s occupancy or should Owner occupy the Premises as a resident or otherwise prohibit Agent from renting the Premises notwithstanding Owner’s agreement with Agent, the Agent may provide Renter with substitute accommodations for the dates of Renter’s occupancy, which Renter agrees to rent under the Agreement, provided the substitute comparable accommodations do not have a higher rental than the Premises.  If a similar property is not available, guest will receive a full refund.  Similarly, should the Premises be undergoing major repairs, redecoration, etc. Agent may provide Renter with substitute comparable accommodations.  If a similar property is not available, guest will receive a full refund.

NO SUBLEASE OR ASSIGNMENT.  Renter shall not subject or assign the Agreement without the prior written consent of Agent.

THERE WILL BE NO REFUNDS FOR INCLEMENT WEATHER INCLUDING HURRICANES; EXCEPT FOR MANDATORY EVACUATIONS.    

ENTRY OF PREMISES.  Agent or an authorized employee or repairman may enter the Premises during customary hours for any purpose connected with the repair, improvement, care and management of the Premises.  In case of emergency, access must be granted regardless of hour and without notification.

MAINTENANCE.  Any maintenance items should be reported to Ocean Properties Vacation Rentals, Inc. during the course of normal business hours.  In the event of an emergency after hours, call (386) 428-0513.  In case of appliance, A/C, or plumbing failure, same day repair cannot be guaranteed, but every effort will be made to provide service as quickly as possible.  Renter shall not be entitled to any refund.

MILDEW/MOLD.  Please report any mildew or mold that you might notice immediately after check-in.  We will make every attempt to make the necessary repairs.  ALL RENTERS MUST REPORT MILDEW OR MOLD IMMEDIATELY AFTER CHECK-IN AND NOT ON DEPARTURE.

PARKING RESTRICTIONS ONSITE.  The beach home offers limited parking.  Parking is limited to 3 vehicles only.  The villa complex offers 5 parking spaces and 1 handicap space.  Parking is available on a first come first serve basis.  Additional parking nearby can be found adjacent to the villas on the north side of 19th Avenue and by the public beach access at the end of 19th Avenue.  Please do  not park along the dirt road on Hill Street, the city may tow.  Motor homes, recreation vehicles, travel trailers, and trailers are not permitted.

For additional parking guests may pay to park at the 27th Avenue Beachfront Park or for free at the county parking lot, Hiles Blvd. Beach Park.  Neither parking lot allows for overnight parking and vehicles will be towed at owner’s expense.  Guests can park on the beach, however, there is a fee to drive on the beach.  The beach is open to vehicles from 8:00 a.m. and 7:00 p.m. or sundown whichever is earlier from May 1 through October 31, and between sunrise to sunset from November 1 to April 30, tides permitting.

POOL & SPA Use of the pool and/or spa is limited to Renter and registered guests only.  We cannot guarantee that the pool will be heated.  If you would like to request the pool to be heated, requests must be submitted in writing 48-hours prior to arrival.  Requests must be emailed to [email protected].  Should the pool or spa be unusable for any reason Agent assumes no responsibility and such occurrence shall not constitute sufficient cause for a refund. The fence around the pool must remain up at all times. Renter has the option to take the fence around the pool down, only upon both prior written notice to the Agent and the Renter signing a separate written release of liability for the Agent and Owner.

SURVEILLANCE CAMERA:  Guest acknowledges and accepts that property may have surveillance cameras on the exterior of the property.

OWNER’S CLOSET.  One closet in the Premises may be reserved for storage of the Owner’s personal property and is not included with this rental.

LOST OR STOLEN ARTICLES.  Agent and Owner are not responsible for Renter’s articles lost, stolen, or left behind on or in the Premises.

MISPLACED ITEMS RETURN FEE:  Guests will be charged a $25 return fee, plus all shipping costs, to return any personal items, misplaced or left behind, in their unit after departure. Ocean Properties Vacation Rentals, Inc. reserves the right to charge your credit card on file for this return fee.

LOST KEYS, GARAGE/GATE REMOTE, PARKING & POOL PASSES.  There will be a $10.00 charge for lost keys.

LOCK OUTS.  There will be a $25.00 charge if you are locked out of your room.

AGENCY DISCLOSURE.  Management Company acts as an agent and is paid a fee by the owner of the property.

TERMINATION OF RENTAL.  If Renter violates any of the conditions or restrictions on this Agreement, Agent may terminate this Agreement and enter the Premises.  Upon notice of the termination of this Agreement, Renter shall vacate the Premises immediately.

DISCLAIMER:  The Renter shall not do or permit any act or thing to be done upon the rental premises which may subject Owner to any liability or responsibility for injury, damages to persons or property or to any liability by reason of any violation of any laws, rules, ordinances, regulations, statutes, requirements, restrictions and codes affecting the rental premises or any portion thereof or affecting the maintenance, use or occupation  of the rental premises  or  any portion thereof. The Renter shall exercise such control over the rental premises as to fully protect Landlord and Indemnities against any such liability. The Renter  shall indemnify and save the Indemnities harmless from and against  (i) all claims of  whatever  nature  against  the  Indemnities arising from any act, omission or negligence of the Renter, its contractors, licensees, agents, servants, employees, invitees or visitors; (ii) all claims against the Indemnities arising from any accident, injury or damage  whatsoever  caused to  any person or to the property of any person and occurring during the term in or about the rental premises; (iii) all claims  against the Indemnities arising from any accident, injury or damage  occurring outside  of  the  rental premises but  anywhere  within  or about the real property of which the rental premises is a part, where such accident, injury or damage results or  is claimed to have resulted from an act, omission or negligence of the  Renter or  Renter’s contractors, licensees, agents, servants, employees, invitees or visitors; and (iv) any breach, violation or non-performance of any covenant, condition or  agreement  in this lease agreement set forth and contained on the part of the Renter to be fulfilled, kept, observed and performed.  This indemnity and hold harmless agreement shall include indemnity  from and against any and all liability, fines, suits, demands, costs and expenses of any kind or nature  (including,  without  limitation, reasonable  attorneys’  fees and disbursements) incurred in or in connection with any such claim  or  proceeding brought  thereon, and the defense thereof but  except with respect to claims with respect to bodily injury or death, shall be limited to the extent any insurance proceeds collectible by Landlord under policies owned by Landlord or such injured party with respect  to  such  damage  or  injury  are  insufficient  to satisfy same.  “Indemnities” means Owner, Ocean Properties Vacation Rentals, Inc., their respective owners or shareholders, and their respective successors, assigns, employees, agents and contractors. The renter acknowledges that Ocean Properties Vacation Rentals, Inc. acting solely in the capacity of Agent for the property Owner, assumes no liability thereunder.

COVID-19 DISCLAIMER: An inherent risk of exposure to COVID-19 exists in any public lodging establishment where people are present. COVID-19 is an extremely contagious disease that can lead to severe illness and death.  According to the Centers for Disease Control and Prevention, senior citizens and guests with underlying medical conditions are especially vulnerable.  Ocean Properties Vacation Rentals, Inc. has taken measures to ensure that properties are properly cleaned and disinfected in accordance with the CDC Clean and Disinfect guidelines.  Renter voluntarily assume all risks related to exposure of COVID-19.

WEDDINGS, FAMILY REUNIONS AND GROUP EVENTS

ALL WEDDINGS, FAMILY REUNIONS, AND OTHER GROUP EVENTS THAT INCLUDE GUESTS THAT ARE NOT ON THE REGISTERED GUEST LIST, UPON BOOKING THE ACCOMMODAITONS,  MUST BE APPROVED BY MANAGEMENT.  REQUESTS MUST BE SENT IN WRITING TO [email protected] AND MUST BE APPROVED BY MANAGEMENT.  IF MANAGEMENT IS NOT NOTIFIED,  ALL NON-REGISTERED GUESTS WILL BE ASKED TO LEAVE IMMEDIATELY AND NO REFUNDS WILL BE GIVEN.   ID’S MUST BE FURNISHED UPON REQUEST.

INSURANCE:  Renter must purchase event insurance if they plan on having a group event of 20 people or more at the Property. Renter must hire a shuttle service and supply parking off the Property if Renter plans on having a group event taking up more than 10 parking spaces. During the planning phase of your event, please keep in mind that all vendors including but not limited to service providers of Audio Visual, Entertainment, Bands, DJs, Photography, Décor, Exhibitor Services, etc. are required to provide the Management a Certificate of Liability Insurance furnishing documentary evidence that the coverages and requirements are met and remain in effect. If you will be contracting for on-site services from any third party vendors for your program at the Property, please let management know as soon as possible and we will forward to you the detailed Insurance Requirements. The Certificate of Liability Insurance must be provided to management no later than sixty (60) days prior to the event.

RELEASE AND INDEMNITY:  Renter does hereby release and forever discharge Agent, Joy By the Sea LLC, their subsidiaries and affiliates, directors, shareholders, officers, employees, legal representatives, agents and assigns, from any and all actions, causes of action, claims and demands for, upon or by reason of any damage, loss or injury which heretofore have been or which hereafter may be sustained by Renter resulting from or arising out of the Event, other than damages caused by the gross negligence or willful misconduct of Agent and JBTS LLC. This release extends and applies to, and also covers and includes, all unknown, unforeseen, unanticipated and unsuspected injuries, damages, loss and liability, and the consequences thereof, as well as those now disclosed and known to exist. The provisions of any state, federal, local or territorial law or statute providing in substance that releases shall not extend to claims, demands, injuries or damages which are unknown or unsuspected to exist at the time, to the person executing such release, are hereby expressly waived.

Renter does hereby, for itself and successors and assigns, agree to defend, indemnify and hold Agent, JBTS LLC, their subsidiaries and affiliates, directors, shareholders, officers, employees, legal representatives, agents and assigns, harmless from and against all actions, causes of action, claims, damages, liabilities, costs and expenses including, without limitation, reasonable attorney’s fees and costs sustained to and through any appellate and post judgment proceedings, arising out of, and imposed upon and incurred by Agent, JBTS LLC, their subsidiaries and affiliates, directors, shareholders, officers, employees, legal representatives, agents and assigns, in connection with the Events, other than damages caused by the gross negligence or willful misconduct of Agent or JBTS LLC.