Vacation Rental Agreement - Terms and Conditions


By booking your reservation with The Kong Management Group, LLC d/b/a Kong Vacation Homes (“Manager”) you, the “Guest,” are agreeing to the following terms and conditions:

1. EFFECTIVE DATE: This Vacation Rental Agreement (the “Agreement”) is effective on the date on which Manager accepts Guest’s online reservation request by sending a notification (“Notification”) describing Guest’s rental of the vacation home at the address specified in the Notification (“Property”), for a specific amount of time (“Term”), and for the total amount due (“Reservation Total”) as described therein.

2. DEPOSIT: Unless otherwise permitted by Manager, upon booking your reservation, Guest shall provide a deposit equal to fifty percent (50%) of the Reservation Total. Failure to timely provide this deposit for any reason, including a problem with your credit card or payment processor, may lead to cancellation of your reservation at the sole discretion of Manager.

3. BALANCE DUE: Unless otherwise permitted by Manager, the remaining fifty percent (50%) of the Reservation Total is due on or before fourteen calendar days prior to check-in. Failure to timely provide this balance for any reason, including a problem with your credit card or payment processor, may lead to cancellation of your reservation at the sole discretion of Manager.

4. CANCELLATION: Guest may cancel your reservation subject to the restrictions described below. However, Guest must notify Manager of any cancellation by sending a message to Manager. Failure to provide this notification may result in forfeiture of Guest’s refund, if any.

a) Full Refund (Two Week Cancellation): If cancellation occurs fourteen (14) days or more prior to your check-in date, Guest will receive a full refund of your Reservation Total paid, including any Deposit, if Guest notifies Manager and is not in breach of this Agreement;

b) Partial Refund: If cancellation occurs at least seven (7) days prior to your check-in date (but before the fourteenth day), you will receive a partial refund equal to your Reservation Total paid less your Deposit. In other words, you will forfeit your Deposit, if Guest notifies Manager and is not in breach of this Agreement; and

c) No Refund: If cancellation occurs less than seven (7) days prior to your check-in date, you will not receive any refund whatsoever (so that Manager retains your Reservation Total paid). There are no refunds for hurricanes, tropical storms, weather conditions, or similar events out of Manager’s control, even if authorities order a mandatory evacuation. Guest expressly assumes the risk of any such occurrence, and it is up to Guest to secure travel insurance if Guest requires it.

5. CHECK IN / OUT TIMES AND INSTRUCTIONS. Check-in is at 4:00 p.m. (EST). Check-out is on or before 10:00 a.m. (EST) sharp on the day of your departure. Before departure, please wash all dishes and utensils and take out the garbage. Leave all used towels in the bathroom. Lock all doors before you leave.

6. AGE REQUIREMENT. Guest expressly acknowledges that he or she is at least 21 years of age, and understands that this is a strict requirement of the reservation. Guest making the reservation must be occupying Property during the Term. A Guest cannot reserve Property for another person. Any violation of this provision is a material breach of this Agreement.

7. SERVICE FEES: In addition to the Reservation Total, Manager requires payment of the following fees, where applicable:

a) Pet Fee. The Property is pet-friendly, but Guest must clean up after all pets, provide their own pet supplies, and comply with the pet addendum. A pet fee of $100 per reservation is required.

b) Late Check-Out Fee. You must check out on or before 10 a.m. (EST) on the day of your departure. This is a hard deadline. Failure to comply shall result in the imposition of a late check-out fee of $300.

c) Excess Cleaning Fee. Normal cleaning services are provided for customary and ordinary use. However, any excess cleaning required shall result in imposition of a cleaning fee of $250.

d) Smoking Fee. No smoking is permitted on the Property. Violation of this rule will result in imposition of a fee of $250, in addition to any excess cleaning fee that may be imposed.

e) Missing Items and Damage. Guest will be charged for any missing items reasonably attributable to Guest and not returned after notification, including lost keys and towels. Guest will be responsible for any damage to Property, furnishings, or furnished household items.

8. PROPERTY INSTRUCTIONS: Manager may provide instructions for the Property, including occupancy limits, neighborhood rules, pool or spa rules, and a pet addendum. Guest shall comply with such instructions, which are incorporated by reference as is fully set forth herein. Parking is permitted in the Property’s driveway. Additional parking may be available as stated in the instructions. Guests shall comply with all laws or regulations in effect in the Property’s jurisdiction at all times.

9. HOUSEHOLD ITEMS FURNISHED: Property is furnished with pillows, linens, blankets, towels, kitchen towels, comforters, hand towels, and wash cloths, including extras located in closets. Guest is responsible for all debris, rubbish, and discards, and must place such garbage in plastic bags and transfer it to the large trashcans by the road. Guest shall place soiled dishes and cooking utensils in the dishwasher and run the machine. It is standard for beds (except bunk beds, if any) to be made for Guest’s arrival as part of the linen and cleaning service. Property has a starter set of toilet paper and paper towels, but Guest may need to replenish their own paper goods, toiletries, laundry detergent, and other consumables depending on their use. Please return all furniture to its original location before departure.

10. CLEANING AND ORDINARY USE. Cleaning for customary and ordinary use is included in the Reservation Total, but this does not include washing dishes or utensils (for which Guest is responsible) or taking out the garbage. Guest agrees to keep house, furniture and furnishings in good order. Removing, adding or changing furniture without Manager’s written approval shall be deemed a material breach of this Agreement and is strictly prohibited. Guest may not take any linens or furnishings to the beach.

11. NO PARTIES. Guest shall not hold any parties at the Property, including but not limited to prom, sorority, or fraternity parties. Any special occasion (such as a wedding, reception, family reunion, or similar event) that may increase the number of occupants must be disclosed at the time of reservation and is subject to Manager’s approval.

12. NO SMOKING. No smoking is permitted on the Property. Upon any evidence of smoking, such as the smell of cigarette or cigar smoke, Guest shall be liable for payment of the smoking fee, any excess cleaning fee required, charges to remove the smell from carpeting, air conditioning ducts, filters, and furniture, and any other charges incurred by Manager to remedy Guest’s violation of the rule.

13. DAMAGE BY GUEST. Guest shall be solely responsible for any and all damage to Property, furniture, furnishings, linens, or similarly-provided items caused by Guest or any person on the premises during Guest’s stay, whether accidental, negligent, or otherwise.

14. PET LIMITATION. Permitted pets are limited to dogs and cats only, but Guest may request special permission from Manager for the stay to include another type of animal. Guest may not bring any animal onto the Property that has been deemed dangerous or otherwise restricted in any jurisdiction. Guest must abide by all local laws, rules, and regulations related to animals, including but not limited to breed restrictions that may be applicable.

15. ASSUMPTION OF RISK. Guest expressly assumes any and all risk associated with use of the Property by Guest or any invitee of Guest, including but not limited to use of the Property, beach, pool, spa, or other amenities. Property is not child-proofed in any way and Guest shall take all measures necessary to supervise any children. Due to the nature of Florida properties, the sand, stairs, decks, patios, and concrete are not always stable, so please use with caution. No lifeguard may be on duty, and use of the beach, pool, or spa at Guest’s own risk. No one should swim alone. Guest’s personal property is the sole responsibility of Guest and Manager shall not be responsible for any such property lost, stolen, or missing.

16. INDEMNIFICATION. To the fullest extent of the law, Guest indemnifies and holds Manager and owner of the Property harmless from any and all liability, including for bodily injury or property damage, incurred on the Property or related to Guest’s reservation, stay, or performance pursuant to this Agreement. This indemnification includes but is not limited to any type of slip and fall accident, pet behavior (biting, urinating, running away, destruction of property, or any other), pool accidents, or inadequate supervision of children.

17. NO SUBLETTING: Guest may not sublet or assign this Agreement, in whole or in part, in any manner whatsoever without the prior written consent of Manager. Guest is responsible at all times for any invitee of Guest on the Property.

18. NO HOLDING OVER: Because of the nature of short term winter and summer vacation rentals, Guest understands that any unauthorized “holding over” of the Property past the stated Term could severely jeopardize Manager’s business and cause loss of rental income from other previously booked guests, temporary and/or permanent loss of business, goodwill, reputation and could force Manager to breach an agreement with similar short term summer and winter recreational guest(s) arriving during the unauthorized holdover period, creating significant damages for Manager. To the fullest extent of the law, Guest will be held liable for any such damages incurred by Manager.

19. MANAGER’S ENTRY. Guest expressly provides Manager with permission to enter Property during reasonable hours upon notice given immediately prior to entry, if possible, for any reasonable purpose, including maintenance and inventory. In any emergency, Manager may enter Property at any time without permission of Guest for the purposes of making repairs to alleviate such emergency. If Guest abandons or vacates Property, Owner may, at its option, terminate this agreement, re-enter the premises and remove Guest’s personal property.

20. PROPERTY CONDITION . Manager has attempted to give an accurate description of Property and its condition, and Guest acknowledges that this reservation is made sight unseen. Property will be cleaned prior to Guest’s arrival. Please notify Manager immediately if Property has not been cleaned to normal standards. All electrical, plumbing and appliances should be in working order, but please let Manager know if anything is broken or does not function. The condition of the Property, including failures of operation of certain extra amenities such as TVs, cable, games, or the Internet and WiFi services, shall not result in any refund. Manager will make every effort to have these items repaired but does not guarantee that they will be repaired during Guest’s occupancy, especially over holidays or weekends.

21. REMEDIES: If Guest breaches any provision of this Agreement or misrepresents any material information related to the reservation, Manager may terminate this Agreement immediately. Guest shall not receive any refund upon termination. Manager shall retain all other remedies available by law. Upon termination, Manager may enter Property and remove all persons or personal property therein, and Guest waives any and all claims for damages that may result. If for any reason Manager is unable to deliver possession of Property at the commencement of the Term, Guest’s remedy is limited to a refund of the Reservation Total paid, and Guest waives all other claims for damages.

22. MISCELLANEOUS:

a) Severability. In the event that any covenant, condition or other provision of this Agreement is held to be invalid, void or unenforceable, in whole or in part, by an arbitrator or any court of competent jurisdiction, the same shall be deemed severable from the remainder of this Agreement and shall in no way affect, impair or invalidate any other covenant, condition or provision contained in this Agreement.

b) Integration: Each of the Parties hereto acknowledges that no representation or promise not expressly set forth in this Agreement has been made by any other Party hereto, or by any of its agents, servants, employees, or representatives, and there are no representations or promises which are not expressly set forth herein.

c) Titles and Captions: Titles and captions contained in this Agreement are inserted as a matter of convenience and for reference, and are not intended and shall not be construed to define, limit, extend or otherwise describe the scope of this Agreement or any provision of this Agreement.

d) No Construction: No Party to this Agreement or such Party’s attorney shall be deemed to be the drafter of this Agreement for purposes of interpreting or construing any of the provisions of this Agreement. This Agreement shall be interpreted in accordance with the fair meaning of its language and not strictly for or against any of the Parties to this Agreement.

e) Waiver: No breach of any provision of this Agreement can be waived unless in writing. Waiver of any one breach of this Agreement shall not be deemed to be a waiver of any other breach of that or any other provision of this Agreement.

f) Modification and Amendment: No modification or amendment of any of the terms or provisions of this Agreement shall be binding upon any Party to this Agreement unless made in writing and signed by such Party or by a duly authorized representative or agent of such Party.

g) Enforcement: Any and all disputes arising out of this Agreement shall be governed by Florida law, and shall be decided solely and exclusively by State or Federal courts located in Hillsborough County, Florida. The prevailing Party or Parties in any such court proceedings shall be entitled to recover its reasonable attorneys’ fees and costs incurred in connection therewith. Any party who unsuccessfully challenges the enforceability of this clause shall reimburse the prevailing party for its attorney’s fees, and the party prevailing in any such dispute shall be awarded its attorneys’ fees.

h) Acceptance Through Performance: By booking your reservation with Manager, and declining to cancel your reservation, you are indicating your acceptance of these terms and conditions.