Terms and Conditions
TERMS & CONDITIONSVESTEVA VACATION RENTALS
3637 Del Prado Blvd. S #301
Cape Coral, FL 33904
Vesteva Rentals & Property Management
P.O. Box 101118
Cape Coral 33910
Call the Office for bank wire information.
Please read these Terms and Conditions carefully!
Please pay particular attention to the information duty of the Tenant towards other Users of the property (as described immediately below) and the release, waiver, indemnification and assumption of risk clause (Clause 8) because these provisions address the distribution of risk and liability between the Tenant and the other Users on the one hand and the Owner and Vesteva on the other hand.
Important Information Duty of the Tenant:
The Tenant undertakes to inform all other Users (as defined below) prior to the Arrival Date (as defined below) or as soon as possible of the rules laid out in these Terms and Conditions. The Tenant must inform all other Users that they must not use the Property (as defined below) if they do not submit to these Terms and Conditions and in particular to the release, waiver, indemnification and assumption of risk clause (Clause 8). By using the Property, the other Users agree to be bound by and to abide by these Terms and Conditions like the Tenant. In particular, the other Users accept for themselves the release, waiver, indemnification and assumption of risk clause (Clause 8).
The Tenant hereby agrees to protect, indemnify, hold harmless and defend the Owner and Vesteva from and against all claims, causes of action, liabilities, demands, damages, or other costs or expenses of any kind, specifically including without limitation reasonable legal and accounting fees, incurred by reason of the failure of the Tenant to inform all other Users of the Terms and Conditions in accordance with this clause.
As used in these Terms and Conditions, the following terms have the following meaning:
The term “Agreement” means the rental agreement between the Tenant and Vesteva regarding the Property.
The term “Arrival Date” means the first day of the term of the Agreement.
The term “Departure Date” means the last day of the term of the Agreement.
The term “Owner” means the owner of the Property and his or her agents, employees, sub-contractors, assigns, successors, insurers, and any other persons acting on behalf or in the name of the Owner.
The term “Rent” means the base amount payable under the Agreement for the use of the property which is the product of the daily rate applicable to the Property and the number of days for which the Agreement runs.
The term “Property” means the property rented under the Agreement as described with a street address and a name of the Property in the Agreement. For the purpose of these terms and conditions, the Property includes any and all of its inside and outside building and garden features, amenities, appliances, fixtures, equipment, and installations, including, but not limited to, any and all furniture, electrical equipment, bath tubs, showers, pools, spas, floating devices, bicycles, watercraft, docks, boat lifts, stairs, ladders, decks, fencing and plants.
The term “Tenant” means the person entering into the Agreement with Vesteva.
The term “Users” (or “User” in the singular) means the Tenant and any and all persons in the Tenant’s party, including the persons named in the Agreement, in particular the Tenant’s spouse, the Tenant’s children, other relatives, but also friends and any other persons in the Tenant’s party and all of their invitees or visitors or other persons using any part of the Property during the term of the Agreement.
The term “Vesteva” means Vesteva LLC and its owners, agents, employees, sub-contractors, assigns, successors, insurers, and any other persons acting on behalf or in the name of Vesteva LLC.
- Check-in and Check-out
Check-in time is 4:00 pm on the Arrival Date, unless agreed to otherwise. Please go directly to your Property as described in the Agreement. There is a key box at the entrance door. The Tenant will receive the code for the key box from Vesteva prior to the Arrival Date.
Check-out time is at 10:00 am on the Departure Day, unless agreed to otherwise.
- The reservation requires the payment of a reservation deposit which amounts to 30% of the Rent, payable at the time of the reservation.
- The reservation further requires the payment of
A fee for a mandatory vacation rental damage plan in the amount of $59.00 plus 11.5 tax plan covers unintentional damage to the Property that occur during the Tenant’s stay, provided they are disclosed to Vesteva at or prior to the check-out. The plan will pay a maximum benefit of $1,000.00. Any damages that exceed $1,000.00 will be charged to the Tenant’s credit card on file. If, during the Tenant’s stay at the Property, an insured person (the Tenant and anyone who is named in the Agreement) causes any damage to real or personal property of the Owner as a result of inadvertent acts or omissions, the insurer will, subject to its insurance terms, reimburse the insured person for the cost of repair or replacement of such property up to a maximum benefit of $1,000.00. By entering into the Agreement, you authorize and request Vesteva to directly pay any amount payable under the plan to the Owner
- A transaction fee in the amount of 5% of the Rent also becomes due at the time of the reservation. A copy of the Agreement signed by the Tenant is required to hold the reservation. The Tenant must pay the remaining 70% of the Balance Due no later than 30 days prior to the Arrival Date.
- The reservation deposit must be paid by credit card. The remaining balance can be paid by credit card, check, or wire transfer. Personal checks, cashier’s checks and wire transfers are payable to Vesteva Rentals & Property Management. Please call the office of Vesteva for bank wire information
Cancellations and Refunds
Cancellations must be made in writing to the following mailing address:
- If tenant cancels the Agreement more than 45 days of their arrival date, Vesteva will charge $250.00 administration fee plus applicable 5 % transaction fees.
- If tenant cancels the Agreement within 31-44 days prior arrival date, Vesteva will charge ½ of the reservation deposit plus applicable 5 % transaction fees.
- If Tenant cancels the Agreement within 30 days prior to their Arrival Date and the full balance has been paid, tenant is not entitled to any kind of refund.
During this global pandemic we are offering the following to our guests.
1. You may reschedule your vacation stay to another date at the same property if it is available during the desired time.
2. You are eligible for a voucher in the same dollar amount that you paid to Vesteva Management, this voucher can be redeemed at any of our vacation rental homes. This voucher must be redeemed within 12 months of your original arrival date.
- Unavailable Property
Should the Property be unavailable during all or part of the term of the Agreement due to unforeseen circumstances, including but not limited to, so-called Acts of God, Vesteva will try to provide a property of comparable quality and utility, which then becomes the property subject to this agreement, unless the Tenant requests in writing a return of the Rent relating to the remaining term of the Agreement which in effect renders the Agreement null and void for all parties.
Neither Vesteva nor the Owner will be liable for any monetary damages of the Tenant beyond the refunded amount. A breakdown of any significant equipment such as air-conditioning, heating, major appliances, pool-heater, etc. does not constitute grounds for any guest refund, if the Owner attempts to make repairs as soon as reasonably possible.
Cape Coral and Fort Myers are highly desirable areas where building construction may occur. The Tenant cannot request a refund or a substitute vacation home due to construction noise or other disturbances. Any refunds or discounts will be at the discretion of the Owner.
- Permitted Use of Property
The Tenant and the other Users may use the Property only as a private vacation residence, and they must not use any part of the Property for any kind of trade or business purposes. They confirm and understand that the Property must not and will not be used for any kind of drug dealing activity, illegal drug use and consumption, money laundering operations, organized crime, or any other illegal activity whatsoever.
The Tenant shall inspect the Property within 24 hours after arrival and notify any pre-existing damage, or file an objection or complaint, to Vesteva. Should the Tenant fail to do so, the Owner will not be obligated to honor a complaint later. On the Departure Day, The Tenant and all other Users must vacate the Property at the check-out time the latest and return it in proper condition and without any property damage to the Owner, represented by Vesteva.
All Users shall use all appliances (refrigerator, TVs, washer, dryer,) and the like and other technical installations and equipment of the Property with proper care and diligence. Should an appliance or technical installation work improperly or be inoperable, The Tenant shall notify Vesteva without undue delay. Damage to appliances due to improper use will be charged to the Tenant unless the damage is covered by the vacation rental damage plan.
During the Rental Period, the Owner reserves the right to enter the Property if this is required for repair or maintenance activities.
The Tenant shall keep the Property secure. The Owner and Vesteva are not responsible at any time for personal items left at the property during or after the term of this agreement and all guests assume all responsibility for the risk of loss of any personal property whether damaged or lost, including incidences of theft. At the time of arrival, a representative of Vesteva will meet with the Tenant at the Property and explain all locks and security installations and proper use.
Smoking inside of the Property is strictly prohibited. Pets are not welcome, unless Vesteva or the Owner has approved them in advance in writing. Should Guest the Users violate either rule, the Tenant will be liable for all damage caused by such action and in addition a contractual penalty of up to $ 1,000.00 may be applied. Pets are allowed in designated “pet friendly homes” at an additional pet fee of $120.00 plus applicable tax.
- EMERGENCY RIGHT OF ENTRY
Vesteva has immediate right of entry to the property in cases of emergency, or to protect or preserve the property. Tenants shall not alter of add locks. Any authorized employee, agent or repairman of Owner or Vesteva may enter the property during customary business hours for any purpose related to the repair, care, improvement or management of the property.
9. Release, waiver, indemnification, and assumption of risk
This clause is intended to release the Owner and Vesteva from liability for negligence on the part of the Owner or Vesteva.
- The Tenant Hereby waives and releases and agrees to hold harmless any and all claims or causes of action including those based on negligence, action or inaction of the Owner and Vesteva and all of their respective agents, officers, directors, servants and employees from and against any and all claims and causes of actions in connection with the use of the property. the scope of this release shall include but not be limited to, damages or losses or injuries encountered in connection with transportation, food, lodging, medical concerns (physical and emotional), including those pertaining to the Covid19 Virus. Entertainment and physical injury of any kind For the sake of clarity.
- The term “negligence” includes active and passive negligence, including active and passive gross negligence of Vesteva and Owner This waiver release and hold harmless includes the use of any and all personal property that may be located on the property for the use by tenants and their guests or invitees, including but not limited to, bicycles, paddleboards, grills, kayaks, canoes, and swimming pool
- the Tenant hereby voluntarily assumes any and all risk, including injury to his or her property, injury to his or her person, including death, which may be caused as a result of the Tenant renting and using the Property and any part thereof, including the use of the personal property located within the property as described in section 9.1
- the Tenant hereby agrees to protect, indemnify, hold harmless and defend the Owner and Vesteva from and against all claims, causes of action, liabilities, demands, damages, or other costs or expenses of any kind, specifically including without limitation reasonable legal and accounting fees, incurred by reason of
- damage to any property or any injury, including death, to any person occurring in, on or about the Property to the extent that such injury or damage shall be caused by or arise from any actual or alleged act, neglect, fault, or omission by the Tenant or any third party and
- the failure of the Tenant to comply with the agreement or these Terms and Conditions or all governmental laws, ordinances, and regulations applicable to the condition or use of the Property or its occupancy.
- This includes the Failure of the Tenant to inform all other Users prior to the Arrival Day or as soon as practical of the rules laid out in these Terms and Conditions (see “Important Information Duty of the Tenant” at the top of these Terms and Conditions).
The provisions of this clause 9 shall survive the termination of the Agreement with respect to any claims or liability accruing prior to such termination.
- Additional Rules and Regulations
If the sales tax or the tourist tax went up after the Agreement was signed, the Tenant is responsible to pay the additional amounts due to the Florida State (sales tax) or Lee County (tourist tax) laws.
The Owner and Vesteva reserve the right to terminate the Agreement with no refund due, and the Tenant and all Users must upon request by the Owner or Vesteva vacate the Property without undue delay for any of the following reasons:
More than the number of persons agreed upon in the Agreement are inhabiting the premises. The Rent includes the inhabitation of the Property by 4 persons. Any additional person costs $15.00 per night plus applicable taxes.
Violations of any federal, state, or local laws and/or ordinances by any User, at any time, while on the Property
Electric usage included in the rental Rate is $ 75.00 per week. Any overage will be charged with $ 0.15 per kWh plus applicable tax.
Without prior approval in writing by Vesteva, the Tenant is neither allowed to transfer nor to assign the Agreement in whole or in part.
In any litigation that results from the Agreement, the prevailing party is entitled to reimbursement of all costs, including all reasonable attorney’s fees (including all costs and fees for appellate procedures). This includes any enforcement of section 9 of this agreement without limitation.
The laws of the State of Florida shall govern this agreement. The venue shall be Lee County, Florida. This agreement is binding on all parties, their heirs, successors, representatives, and legal successors
In case that any part of these Terms and Conditions should be declared void or invalid, this will not have any effect on other parts of these Terms and Conditions which can be in effect without the invalid terms.
- Counterparts. This Agreement may be executed in counterparts, each of which shall be deemed an original, but all of which together shall be deemed to be one and the same agreement. A signed copy of this Agreement delivered by facsimile, e-mail or other means of electronic transmission shall be deemed to have the same legal effect as delivery of an original signed copy of this Agreement.
- Severability of Provisions. If any provision of the Agreement or any part of any provision of the Agreement is found to be invalid by a court of competent jurisdiction or other appropriate entity, such shall not affect the validity of any other provision(s) or part(s) of the Settlement Agreement.
- Choice of Law and Venue. This Settlement Agreement shall in all respects be construed in accordance with and governed by the laws of the State of Florida, without regard to conflict-of-law rules. Venue for any claim or dispute arising under or relating to this Agreement, or its execution, shall be brought only in the Circuit Court of the 20th Judicial Circuit in and for Lee County, in the State of Florida.
- Consultation with Counsel. Tenants hereto acknowledge that they have had the opportunity to consult with counsel of their choice before agreeing to this Agreement. The Parties further acknowledge that they have fully read, understand and voluntarily and knowingly entered into this Agreement after having read and understood and/or having been advised of the terms, conditions, effect and legal consequences hereof.
- Entire Agreement. This Agreement, including any referenced documents incorporated herein constitutes the entire understanding and agreement between the Parties hereto, and supersedes all prior or contemporaneous negotiations or agreements (written or oral) and cannot be modified, amended or revoked except by the express written consent of all Parties.
- Authority. The Tenants represent and warrant that the person executing this Agreement on their behalf is duly authorized by each of them to do so.