PARTIES. This Agreement is between Blue Swell Rentals and Real Estate and its agents (“VRM”) and (“Guest”).

GENERAL TERMS. The terms of this agreement are:

The terms contained within this agreement.

The terms & conditions are contained in any online rental agreement, confirmation, directions, instructions, guest/hand/house book, and similar governing document.

Any condominium or homeowners’ association rules.

Any options, optional agreements, and waivers.

Should any conflicts arise, the terms of this agreement shall prevail.

AMENITY CHARGES.  3rd party amenity/pool, parking & other charges, are subject to change without notice to us.

PAYMENT. A down payment of 100% of the total amount due is due at the time of reservation. Reservations made within 30 days of the Rental Period require payment in full.

Balance.  The balance is due 31 days prior to the Rental Period.

Cancellable Reservation. Travel insurance for your stay is available at an additional cost. Inquire for cost and to have added to your reservation anytime up to when the final payment is due. 

TRAVEL INSURANCE. Travel insurance for your stay is available at an additional charge through Red Sky Travel Insurance. In case of certain unforeseen events, this insurance may provide the reimbursement for unused, non-refundable pre-paid trip costs. Travel insurance is optional. Please visit www.trippreserver.com/products/sun-trip-preserver to obtain details about the travel insurance policy and a description of coverage. For coverage inquiries or customer service call (866) 889-7409.

CREDIT CARD DOCUMENTATION AND AUTHORIZATION. Copies of both sides of the credit card used for payment and government-issued photo ID are required and must match the registered Guest. Regardless, the Guest authorizes VRM to charge the card on file for any payment due pursuant to this agreement.  

CHARGEBACKS. Guest waives any right to dispute a credit or debit charge, request or demand a chargeback, or dispute that a detailed item description was provided, the contact information was clearly and prominently displayed, and grievance policy instructions were provided. 

CANCELLATIONS AND CHANGES. Reservations cancelled 15 days or more prior to the scheduled arrival will receive a full refund, less the service fee. Reservations cancelled within 15 days of arrival will be charged a cancellation fee in an amount equal to the total amount due for the reservation. The cancellation fee applies to all cancellations, for non-payment, and for not occupying the property. Changes, when available, require approval, an agreed-upon fee, plus any rent or fee increases. Reservations will be cancelled without refund if the Guest provides false information during the reservation process or plans, advertises, or hosts a party, defined as having exceeded the occupancy limit at any time. There are no refunds for unmet expectations, problems with the house unless they render the house useless, bad weather, natural disasters, or personal or other reasons. Rescheduling will be permitted, but not refunds, when required by law, due to a mandatory evacuation of the rental property or legally defined impracticality, impossibility, or frustration of purpose, provided the reservation is rescheduled before the originally scheduled arrival date, payment is made for any rate increase, and the new arrival date is within 1 yr. VRM reserves the right to cancel reservations and refuse service to anyone, to the extent permitted by law.

CHECK IN/OUT: Check in is from 4pm - 7pm. We cannot guarantee a check in during peak times of 4pm. 

OCCUPANCY. Maximum occupancy applies 24/7. (Primary, contracting) Guest must be at least 18 yrs. old or an active member of the military, and an occupant of the Property. At no time are you allowed to have more than the number of guests stated on the reservation for the property. You are not allowed to have large parties or events: NO Exceptions!

PARKING: You are not allowed to block the neighbor’s driveways community sidewalks, or park on the street where not permitted. No Parking on any other private property. You are only permitted to park in the driveway of the property in which you booked. (Again, please DO NOT block any sidewalks.)

ADDITIONAL CHARGES AND FORFEITURES. Guest is not entitled to a refund, partial or otherwise, if removed or ejected from property for violation of this agreement. Guest will be charged what is agreed to be non-punitive amounts, as listed below for the following occurrences: 

$500 for each unreported animal prior to check-in regardless of pet, emotional, or service animal or each 4 hours or portion thereof of late checkout.

$150 for each invitee or licensee who is unauthorized or in excess of the occupancy limit, failure to return keys/passes/fobs/passes, failure to keep pool gates & doors secured; violating terms concerning pool equipment including pool alarm (which is a crime), air conditioning, smoke detectors, outdoor furniture, cleaning including dishes & trash, extra cleaning due to Illness of an occupant, non-emergency use of fire extinguishers, and similar acts & omissions.

The invoiced amount plus $50 for odor removal due to smoke or otherwise, fines/citations, replacement of missing/moved items, damages not covered by the Damage Waiver Program, stains, bed bug treatment, technical support, long distance phone calls, and pay-per-view purchases. 

GRIEVANCE POLICY. Please contact us immediately with any complaints or concerns. We will do all we can, within policy & reason, to accommodate you. That’s our guarantee! Guests have a duty to report any complaint immediately and allow a reasonable time to cure. Claims are otherwise waived. If there is any report of verbal or physical harassment towards local residents or other guests, it is an automatic violation of your terms of agreement. Please be respectful of those around you.

ANIMALS. Pet Policy. Pets are not allowed without written authorization by VRM and payment of a $250 animal fee. Emotional Support Animals (ESA’s). ESA’s require a written request at the time of reservation which includes official documentation of a diagnosed disability, unless readily apparent. Service Animals. Service Animals, as defined by §413.08, Fla. Stat. (2020) & including animals in training, require a written request at the time of reservation. No documentation is required but a person who knowingly and willfully misrepresents herself or himself as being qualified to use an emotional support or service animal commits a misdemeanor of the second degree, punishable as provided in 775.082-083, Fla Stat. (2020). Removal. VRM reserves the right to remove any animal for inappropriate behavior.

NOISE. Quiet Hours are 10 PM- 8 AM. Compliance with the local code is required. 

HEALTH AND SAFETY CONCERNS. Lead & Radon. There is no known lead or radon hazards. Wildlife. Florida wildlife can be dangerous. Be cautious. Bed Bugs. The Property has been inspected to prove no bed bugs are present. The presence of any bed bugs is presumed to have been caused by Guest, absent clear & convincing proof otherwise. If found, Guest must vacate the property immediately without refund and pay for treatment to remove the bed bugs. ONLY natural waste and toilet paper can be flushed. Please use the provided trash bins to dispose of feminine products, paper towels, tissues, any wipes, diapers, and everything else! The system WILL back up if these items get flushed! A minimum of $250 service fee will be charged if the system is stopped up due to these items being flushed during your stay. Body fluids must be cleaned (including towels and bedding involved). Body fluids includes but are not limited to urine, feces, vomit, blood, etc. If guest's do not clean the body fluids they will be subject to an additional clean fee.Allergens and Aggravants. Houses are cleaned according to professional standards. Guest assumes responsibility to remediate any symptoms resulting from allergies or aggravants. Smoking, firearms, drugs, drug paraphernalia & vaping are prohibited on property at all times, including outside. 

NOTICE. Notice to VRM is proper only if emailed to stay@blueswell.com and to Guest’s email address of record.

PROPERTY ACCESS AND USE. Supplies. Basic supplies such as a trash bag, soap, toilet tissue, and dish detergent, trial size shampoo, conditioner, & lotion are provided. Guest is responsible for all else, including Guest must use his/her own beach/pool towels. Access by VRM. VRM may enter the Property as reasonably necessary to inspect, service, and for real estate purposes. Reasonable notice will be provided, unless the matter is urgent. Parking. RV’s, trailers, campers, boats, buses, & all non-passenger vehicles are prohibited. Commercial Use. Commercial use of the Property is prohibited. Air Conditioning. Setting air conditioning below 74° or heat above 78°, changing fan from Auto, or leaving doors, windows, or blinds open is prohibited. Safe Use. Guest must comply with all laws and rules. Fireworks, gas grills, and candles are prohibited. Guest must report chirping alarms to VRM immediately. Furniture cannot be moved. Alarms & smoke detectors cannot be tampered with. Social Functions on the Property. Parties, groups, gatherings, events, or other social functions are prohibited and violation will result in removal of all persons by law enforcement and cancellation without refund. On-Site Services. Any on-site services require written consent by VRM. Maintenance. Pre-arrival inspections ensure cleanliness and good repair of the Property. Guest must provide notice of any problems immediately upon the time a reasonable person would have discovered the problem, or Guest waives any related claims. Responses shall be made as VRM reasonably deems appropriate. Absent gross negligence by VRM, faulty equipment, appliances, cable, internet & phone services; temporarily interrupted utility service; bugs; noise, construction, a warm refrigerator, wear & tear of the Property, a cold pool, or; inclement weather, a need for spot cleaning, and other similar circumstances do not constitute breach of contract. Service charges resulting from a false report by Guest, as reasonably determined by the service provider, shall be charged to Guest. Garbage. Guest must separate trash and recyclables (if applicable) and take to the curb the night before each assigned pickup day. Checkout Instructions. Wash dishes, place garbage in outside trash can, and secure all doors & windows.

PARTY RESPONSIBILITY. Risk of Loss. Each party shall be responsible for loss, damage, or injury caused by his/her/its own negligence or willful conduct, & concerning Guest, caused by Guest’s licensees & invitees. Guest's will be held responsible for all charges and possible criminal charges for any destruction of property. Insurance. Each party must carry appropriate insurance. Lost or Stolen Property. VRM is not responsible for lost or stolen property. Property left on Property is deemed abandoned if good faith attempts to return it for a reasonable fee fail. Default Status of Persons. Guest agrees all persons on Property have transient status pursuant to § 82.045 Fla. Stat. (2017). Grounds for Removal. Guest agrees VRM has the right to remove any persons in violation of § 509.141 Fla. Stat. (2017), and agrees to vacate, agrees VRM has the right to remove Guest & Guest’s party for breach of this agreement, and Guest will receive no refund and waives any statutory or other right to a refund. Remedies. The maximum remedy for failure to provide reserved accommodations is a prorated refund. There are no free upgrades due to unavailable accommodations. Waivers. VRM warrants property quality only in that it satisfies legal & express contractual requirements, notwithstanding any pictures and representations otherwise which were provided in good faith. Guest waives his/her/its right to claim the property was not as described.

The person who booked the property and signed the contract must be present throughout the entire length of contract. You are not allowed to book the property for anyone other than yourself, especially anyone under the age of 25. You will be held liable both in falsifying a contract and may incur criminal charges if there is any destructive damages to the property and or loss of items. Any falsification of the agreement you will be asked to leave the property immediately without any refund. No exceptions.

LEGAL TERMS. Entirety. This is the entire agreement, unless provided otherwise herein, superseding all related previous negotiations, agreements, and UCC implied terms. Headings. Headings are solely for convenience. Interpretation. This agreement shall not be construed in favor of the non-drafting party. Modification. Only Blue Swell has authority to modify this Agreement, and can do so only in writing, except this agreement automatically modifies to comply with any laws. Assignment. Any attempted assignment, delegation, or sublease of this Agreement by Guest is invalid. Severability. If any provision of this Agreement is invalid or unenforceable, it shall, to the extent reasonable, be construed or applied in such a manner as will permit enforcement; otherwise, this Agreement shall be construed as if that provision had never existed. Warranties. No warranties exist unless expressly stated herein. Discretion. VRM has sole discretion concerning determination of breach or remedy, subject to good faith and adherence to usual and customary practices in the vacation home market. Reliance. Guest acknowledges that he/she/it has not relied upon any current or prior representations or understandings and waives any related rights or claims. Performance. VRM is excused from performance when made impracticable by the occurrence of a contingency, the non-occurrence of which was a basic assumption on which the contract was made. Waiver. No breach of this Agreement will be waived without the express written consent of the party not in breach. Indemnification, Etc. Guest shall defend, hold harmless, and indemnify VRM, its affiliates, and its respective officers, directors, agents, and employees from any and all 3rd party claims, demands, losses, causes of action, damage, lawsuits, judgments, including attorneys’ fees and costs, arising out of, or relating to Guest’s rental under this Agreement, including for pre-litigation and non-litigation legal fees, and including for claims by Guest’s invitees and licensees. Remedies. The maximum remedy for breach or other actions connected to this contract, unless expressly provided otherwise herein, is actual direct financial losses, and as governed in this agreement, reasonable attorney’s fees & costs, which is agreed to be an adequate remedy. Regardless of the failure of the exclusive remedy, VRM will not be liable for consequential or incidental damages. Liquidated Damages. The parties agree liquidated damages herein constitute non-punitive & difficult to forecast damages. Arbitration. The parties agree to settle any disputes over $15,000 by binding arbitration. AAA rules apply unless in conflict with terms herein. Forum. The 14th Jud. Cir. of FL shall be the exclusive forum for any claims related to this agreement. Choice of Law. Claims shall be governed by the laws of FL to the exclusion of all other laws, conflict of law principles, and legal theories. Jury and Class Action. The parties waive their rights to jury trials and class action suits. Attorney’s Fees. VRM shall be entitled to reasonable attorneys’ fees & costs from Guest for defending chargeback demands, negative public, social media, BBB claims, administrative, or other complaints and arbitration, litigation arising out of this agreement or otherwise. 3rd Party Beneficiaries. No party has 3rd party beneficiary rights under this agreement. Any benefits received are incidental. Data Usage. Guest consents to use by VRM of its data, subject to the law. Confidentiality. Guest agrees to not communicate with code or law enforcement regarding their accommodations. Counterparts. This Agreement may be signed in counterparts.

LIMITED DAMAGE WAIVER PROGRAM. This program is part of this agreement. If opted, Guest will not be obligated to pay for damage to covered real or personal property of the Owner of the rental unit. VRM waives the right to charge Guest for covered damage to Property due to covered inadvertent acts. All claims must be reported immediately to stay@blueswell.com. Inadvertent acts exclude omissions during the reservation period. The maximum benefit is $1000.00 and is subject to a $250 deductible. Damage or theft resulting from the following are not covered: Acts of God • Intentional Acts • Gross negligence or willful and wanton conduct • Any cause, absent notice immediately upon discovery • Theft without a valid police report • Damage caused by any animal, motor vehicle, watercraft, BBQ grills, candles, cigarettes, vape pens, other smoking devices, damaged or missing linens & towels, stains & spills, or any cause in breach of this agreement. All claims of theft or damage will be administered by the staff, which has sole authority to reasonably determine the nature & extent of damages, necessary repairs, and eligibility for the waiver of liability described herein. This is not a form of insurance and there exists no 3rd party beneficiaries. Coverage is limited, as described herein. Guest is liable for any costs of damages not covered. 

The Guest consents to a background check and agrees that satisfactory results are material provision of this agreement and Guest agrees to have informed consent of all members of Guest’s party to be bound by the terms of this agreement.

For Emergencies, Dial 911.