Terms And Conditions


Vacation Rental Agreement

GENERAL TERMS. Terms include those in this agreement (“Agreement”); any online agreement or terms, confirmation; any directions, instructions (check-in, checkout…), house rules, & similar documents; any condominium or homeowners’ association rules & applications, including required approvals; and, any options, optional agreements, and waivers. Should any conflicts arise, the terms of this agreement control.

PAYMENTS & CHARGES. Payment & charges are in accordance with any online agreement and terms below.

·       Payment Method. Major credit & debit cards accepted.

·       Payment Terms. 35% of total amount is due upon reservation. The Balance is due 30 days prior to Rental Period.

·       Admin Fee. $79. (Non-Refundable)

·       Limited Damage Waiver Fee. $99 Limited Damage Waiver Program Fee. See details below.

·       Credit Card charges are applied to the total amount. (Non-Refundable)

·       Electricity. $15-$18-$20-$25/day depending on the rental property.

TRAVEL INSURANCE. Travel insurance is recommended if you have any concerns about our cancellation policy or personal injury. https://www.generalitravelinsurance.com/content/dam/external/marketing/gr330-gr332-why-buy-coast.pdf

*Disclaimer: Travel insurance must be purchased within 15 days of booking

**Disclaimer: We do not offer insurance services to residents of New York and Hawaii. Residents of these states should contact the insurance company directly for coverage.

CREDIT CARD DOCUMENTATION & AUTHORIZATION. Copy of Guest’s credit card & driver’s license must be sent to Reservations@StarsVacationRentals.com to complete reservation. Guest authorizes VRM to charge card on file for any additional charges & penalties based on this agreement.

FLORIDA INNKEEPERS STATUTE AND FRAUD DISCLOSURE. If the property is unhabitable or VRM materially breaches or misrepresents the condition of the property, Guest is entitled to vacate the Property & receive a prorated refund & agrees to waive any right to compensation unless the Property is vacated. However, if Guest remains then disputes a credit card charge, Guest is guilty of a felony, pursuant to 509.151, Fla. Stat. (2021).

CANCELLATIONS & CHANGES. A fee in the amount of all payments received applies to all cancellations, for non-payment, & for not occupying the Property unless cancelled 60 days prior to scheduled check-in date. Changes, when available, require a $300 fee, plus any rate & fees increase. Reservations are cancelled without refund if Guest provides false information when reserving. There are no refunds for unused days, unmet expectations, problems with the property (unless rendered 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 property or legally defined impracticality, impossibility, or frustration of purpose, new arrival date is within 1 yr. VRM reserves the right to cancel reservations & refuse service to anyone, to the extent permitted by law provided the reservation is rescheduled before the original rental period, payment is made for any rate & fee increase, & the new arrival date is within 1 yr. VRM reserves the right to cancel reservations & refuse service to anyone, to the extent permitted by law.

STARS VACATION RENTALS

Explore, Stay And Shine With Us!

Reservations@starsvacationrentals.com

+1 (239) 414-4860

Cape Coral
www.starsvacationrentals.com

OCCUPANCY. Maximum occupancy of 2 guests/bedroom plus 2 additional persons applies 24 hours a day. (Contracting) Guest must be at least age 25 (or active military) & an occupant of the Property.

ADDITIONAL CHARGES AND FORFEITURES. Guest is not entitled to a partial or full refund if removed from the Property for a violation of the Agreement. Guest will be charged what is agreed to be nonpunitive amounts as follows:

§  $500 for each unauthorized animal or each 4 hours or portion unauthorized thereof of early check-in and late checkout.

§  $150/person/day or portion thereof if over occupancy limit.

§  The invoiced amount plus $100 (or $100/hr. or portion thereof for staff hours) for returned checks, odor removal due to smoke or otherwise, fines/citations/penalties, replacement of missing/moved items, damages not covered damage waiver, stains, bed bug treatment, technical support, long distance phone calls, pay-per-view purchases, tampering with equipment (pool [a crime], pool alarm, air conditioning, smoke/fire detectors & extinguishers), failure to return keys/passes/fobs, failure to keep pool gates & doors secured, extra cleaning (including due to illness and grill cleaning), and similar acts & omissions.

GRIEVANCE POLICY. Please contact VRM immediately with any concerns. We guarantee we’ll do all we can within policy & reason to accommodate you. Claims are waived unless reported within 24 hours of discovery & a reasonable time to cure provided. 

POOL HEAT. Pool Heat. Pools take up to 48 hours to heat & may not reach desired temperature. Spa heat not sold separately. There are no refunds for dissatisfaction with pool heat.

ANIMALS. Pet Policy. Pets are not allowed without written permission from VRM & payment of a $250 fee. Emotional Support Animals (ESA’s). ESA’s require a written request at time of reservation & official documentation (from a doctor or the government) of a diagnosed disability, unless readily apparent. Service Animals. Service Animals, defined by §413.08, Fla. Stat. (2022), incl. animals in training, require a written request at time of reservation. No documentation is required but a person who knowingly misrepresents him/herself as being qualified to use an ESA or service animal commits a 2nd degree misdemeanor, punishable pursuant to 775.082-083, Fla. Stat. (2022). Removal. VRM can remove any animal for inappropriate behavior.

NOISE. The Property is in a residential area. Code compliance is required. Quiet Hours are 10 PM- 8 AM.

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 was inspected, no bed bugs were present, & bed bugs were not reported by the previous Guest. Therefore, any bed bugs are presumed to be from Guest, absent clear & convincing proof otherwise. If found, Guest must vacate the property immediately without refund & pay for bed bug treatment. Allergens and Aggravants. Properties are cleaned according to professional standards. Guest assumes responsibility to remediate any symptoms resulting from allergies or aggravants, including mild mold problems. Smoking and Vaping. Smoking & vaping are prohibited on Property, incl. outside.

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

PROPERTY ACCESS AND USE. Supplies. Only basic supplies are provided. Air Conditioning. Setting air conditioning below 74° or heat above 78°, changing fan from Auto, or leaving doors, windows, or blinds open is prohibited. Access by VRM. VRM may enter the Property as reasonably necessary to inspect & service and for real estate purposes. Reasonable notice is provided, absent urgency. Social Functions. Parties, groups, gatherings, events, etc. are prohibited & a violation will result in removal of all persons by law enforcement & cancellation without refund. Maintenance. Responses are 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, a cold pool, inclement weather, a need for spot cleaning, and other similar immaterial problems are not material breach and will not result in a refund. Service charges resulting from false reports & Guest-caused problems are charged to Guest. Default Status of Persons. Guest agrees to not take any action to establish non-transient status & waives defenses to all persons on Property having 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) or otherwise in breach of this agreement, and that Guest will receive no refund and waives any statutory or other right to a refund.

PARTY RESPONSIBILITY. Risk of Loss. Each party is responsible for loss, damage, or injury caused by his/her/its own negligence or willful conduct, & concerning Guest, caused by Guest’s licensees & invitees. Insurance. Each party must carry appropriate insurance. Lost or Stolen Property. VRM is not responsible for lost or stolen property. An item left at Property is deemed abandoned. Remedies. The maximum remedy for failure to provide reserved accommodations is a prorated refund. There are no free upgrades due to unavailable accommodations. As Is Condition. The property is rented “as is.” VRM warrants only that the property satisfies legal & express contractual requirements, notwithstanding any pictures & representations otherwise, which were provided in good faith but may not reflect wear & tear and minor cleaning issues. Guest waives any claim the Property was not as described.


LEGAL TERMS. Arbitration.  The parties agree to settle any disputes over $15,000 by binding arbitration. AAA rules apply unless in conflict with terms herein. Assignment. Attempted assignment, delegation, or sublease by Guest is invalid. Attorney’s Fees. VRM is entitled to reasonable attorney’s fees & costs from Guest for defending chargeback demands, negative reviews & social media, BBB claims, administrative or other complaints, arbitration, prelitigation, & litigation arising out of this agreement or otherwise. Choice of Law. Claims are governed by the laws of FL, to the exclusion of conflicting laws, principles, & theories. Confidentiality. Guests agree to not communicate with code or law enforcement regarding their accommodations. Counterparts. This Agreement may be signed in counterparts. Damages. The parties agree liquidated damages herein constitute non-punitive & difficult to forecast damages. Data Usage. Guest consents to use by VRM of its data, subject to law. Discretion. VRM has sole discretion concerning determination of breach or remedy, subject to good faith & adherence to usual & customary practices in the vacation home market. Entirety. This is the entire agreement, unless provided otherwise herein, superseding all related previous negotiations, agreements, & UCC implied terms. Headings. Headings are solely for convenience. Indemnification, etc. Guest shall defend, hold harmless, & indemnify VRM, & its affiliates, respective officers, directors, agents, & employees from any 3rd party claims, demands, losses, causes of action, damage, lawsuits, judgments, including attorneys’ fees & costs, arising out of, or relating to the Agreement, incl. for pre & non-litigation legal fees, & claims by Guest’s invitees & licensees. Interpretation. This agreement will not be construed in favor of the non-drafting party. Jury & Class Action. The parties waive rights to jury trials & class action suits. Liquidated Forum. The 20th Jud. Cir. of FL shall be the exclusive forum for any litigated claims related to this agreement. Modification. Only Kevin Van Wulpen has authority to modify this Agreement, and only in writing. Non-Reliance. The owner agrees to not rely on any current or prior written or oral representations or understandings & waives any rights or claims arising from the same. Opportunity to Cure. Guest must provide VRM a reasonable opportunity to cure any breach. 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 Agreement was made. Remedies. The maximum remedy for breach or other actions connected to the Agreement, unless expressly provided otherwise herein, is actual direct financial losses, & as governed herein, reasonable attorney’s fees & costs, which is agreed to be an adequate remedy. Regardless of the failure of the exclusive remedy, VRM is not liable for consequential & incidental damages. Severability. If any provision of the Agreement is invalid or unenforceable, it will be construed as will permit enforcement; otherwise, the Agreement shall be construed as if that provision never existed. Waiver. No breach of this Agreement will be waived without express written consent of nonbreaching party. Warranties. No warranties exist unless expressly stated herein. 3rd Party Beneficiaries. No 3rd party has beneficiary rights from the Agreement. 


LIMITED DAMAGE WAIVER PROGRAM. VRM waives the right to charge Guest for damage to the property owner’s personal property, subject to the terms which follow. A $50 deductible applies. The maximum benefit is $1000.00. Claims must be reported to Reservations@StarsVacationRentals.com Coverage excludes omissions and damage cause by theft, acts of God, intentional acts, gross negligence, willful and wanton conduct, any cause, if not reported promptly upon discovery, an act in breach of this agreement, an animal, motor vehicle, watercraft, BBQ grills, candles, cigarettes, vape pens, or other smoking devices, stains & spills, and damage to, or missing, linens & towels., stains & spills. VRM, which has sole authority to determine program eligibility, but must be reasonable. This is not insurance. There are no 3rd party beneficiaries. Guest is liable for uncovered damages.


Guest consents to a background check incl. social media by VRM and its agents. Satisfactory results are required.

Guest agrees to obtain informed consent of all members of Guest’s party to be bound by the terms of this agreement.

 

For Emergencies, Dial 911.