Terms & Conditions

TriPower Vacation Rentals

2001 Estero Blvd.
Fort Myers Beach, FL USA 33931

TRIPOWER VACATION RENTALS – GUEST RENTAL AGREEMENT – Terms and Conditions

Thank you for your business. We will do everything possible to make your vacation an enjoyable experience.

Guest’s Name PARTIES. This Agreement is between TriPower Vacation Rentals, Inc. (“VRM”) and Guest.

PROPERTY (“Property”)

GENERAL TERMS. The terms of this agreement are:

1. The terms contained within this agreement.
2. The terms & conditions contained in any online rental agreement, confirmation, directions, instructions, guest house book, and similar governing document.
3. Any condominium or homeowners’ association rules.
4. Any options, optional agreements, and waivers.
5. Should any conflicts arise, the terms of this agreement shall prevail.

Travel Insurance. If you’re interested in learning more about your Travel Insurance options, please visit the Travel Insurance website. Guests are allowed a “10 Day Free Look”, meaning Travel Insurance can be purchased, reviewed, then cancelled if desired for no charge if done so within 10 days of adding to your reservation. Please contact the TriPower office to add Travel Insurance to your reservation.

Members of Guest’s Party. Please include the name and age of all other guests staying in the unit. If you are renting a large home and have more than 12 guests, please send a follow up email to rentals@c21tripower.com with the full list of names and ages of guests. For Guests underage, please provide age only.

OCCUPANCY. Maximum occupancy is 2 guests per Bedroom, 2 additional guests if there is a sleeper sofa, and not to exceed 1 person per 150 sq. ft. Guest must be at least 25 years old, unless an active member of the military; an occupant of the Property; and, ensure compliance with the occupancy terms by all members of the Guest’s party, including young adults ages 18-24. Occupants in excess of limits must vacate the property immediately upon request.

PAYMENT SCHEDULE. A payment of at least 50% of total balance is due upon reservation. The balance is due 60 days prior to the Rental Period. Reservations made within 60 days of the Rental Period require payment in full along with copies of Guest’s driver’s license and the credit card charged. Amex, Discover, Master Card, & Visas are accepted. Reservations of 4 weeks or more may request a special payment schedule.

KEYS AND LOCKS. VRM shall furnish keys/key cards/keyless codes to Guest. If you arrive after hours, your keys will be in the envelope in our lockbox located next to our office entrance. The combination is 1-2-3-4. Upon your departure, all windows & doors must be closed and locked, and any keys and passes must be returned. All keys and key cards must be returned upon Guest’s departure in accordance with VRM’s checkout procedures and shall not be left at the Property or elsewhere.

AIR CONDITIONING. Under no circumstances shall Guest set Air Conditioning below 72° or the Heat above 78°, change the fan from Auto, leave any doors or windows open. Blinds must be kept closed during midday day hours to keep unit cool.

FURNISHINGS. All rental units are individually owned, furnished, & equipped for vacation living. Although VRM administers minimum standards required for a premise to participate in our rental program, quality of furnishings and color schemes of the premises may vary according to the individual owners’ taste. Neither TriPower Vacation Rentals, Inc. nor the owner shall be responsible for providing additional furnishings or equipment not presently available in the premises.

CABLE & INTERNET. Cable, wireless accessibility, & Internet connections are not guaranteed. We will make every effort to restore any disrupted service during normal business hours; however, a service call may be required to solve a problem. NO REFUNDS are given or money prorated. Additional charges may apply for technical support needed due to issues not related to the property’s Internet access, such as guest’s computer error in configuration or guest resetting the modem.

POOL HEAT. Pools may not heat to Guest’s preferred temperature during colder weather and may take up to 48 hours to reach maximum temperature. Additionally, the pool heater may be set to a temperature limit. TriPower Vacation Rentals, Inc. cannot guarantee that swimming pools will be heated or at what temperature. That is under the control of the individual condominium associations and/or owners. When available, pool blankets should be in place when the pool is not in use and neatly stored when in use. There are NO REFUNDS for dissatisfaction with pool heat.

SWIMMING POOLS AND POOL SAFETY. Do not run in the pool area or dive. Do not allow children in pool area without supervision, regardless of age. When available, use safety netting and pool alarms at all times and keep doors closed & locked. Report any safety concerns immediately to VRM. Open/Close times and maintenance for swimming pools and tennis courts are at the discretion of the condominium association and owner of private homes. QUIET HOURS ARE 10PM UNTIL 7AM WITH NO EXCEPTIONS. Vacation Rentals with pools and hot tubs are available at your own risk for you and your family on premises. Children must be supervised at all times in and around pool or hot tub areas. Private pools and hot tubs are serviced weekly by an owner/association’s vendor. Do not tamper with pool and/or hot tub equipment. Due to the possibility of accident or injury, owner prohibits children younger than 14 years old from using hot tubs. Animals are never permitted in pools, pool areas or in hot tubs.

PARKING. Guest will not park, stop, or stand any motor homes, boats and/or trailers in condominium parking lots, city streets, or property driveway or yards. Guests shall not use property yard for additional vehicle parking space.

TURTLE NESTING SEASON. Sea turtle nesting season is from May 1 – October 31. It is a strict requirement by the Town of Fort Myers Beach that all guests and residence maintain a safe nesting environment for these endangered species! It is mandatory that all porch and patio lights be out, blinds shut, and drapes pulled by 9:00 pm. Violation of this law are punishable by a $5,000.00 fine.

AREA CONSTRUCTION. TriPower Vacation Rentals, Inc. is not responsible for noise or inconvenience caused by construction occurring nearby during permitted hours and abiding by island and/or regime ordinances. NO REFUNDS or accommodation will occur.

BOAT DOCKS AND LIFTS. Boat dock and boat lift usage require prior written approval by the VRM along with any applicable fees. Unapproved vessels must be removed immediately. Guests are not allowed to touch boats parked or docked on the Property without prior written approval from the VRM.

NO SMOKING. Smoking and vaping are prohibited on The Property including under any covered outdoor areas such as condo/multi-plex balcony, communal gathering spaces, or garages. There are substantial fines and charges that will apply if there are any signs of smoking on the property.

ANIMALS. Pet Policy. Pets are not allowed, except in “pet friendly” properties; subject to species, size, & breed limitations; and, a two-pet limit. A non-refundable $200/pet applies. 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.

HEALTH CONCERNS. There are no known lead-based paint hazards on The Property. Florida wildlife may pose a danger so approach all wildlife & outdoor areas with caution. The Property has been inspected to ensure no bed bugs are present, so the presence of any bed bugs is presumed to have been caused by Guest unless Guest provides clear and convincing proof otherwise. Guest must vacate the property immediately without refund and pay for treatment to remove the bed bugs.

NOTICE. Notice to VRM is proper only if emailed to rentals@c21tripower.com and to Guest at the email address listed above.

ACCESS TO THE PROPERTY. VRM may enter the Property as necessary to protect or inspect The Property; for repairs or services; for viewing by prospective buyers, or; for emergencies. Notice must be provided to extent reasonable under the circumstances.

SUBSTITUTIONS. We reserve the right to substitute comparable accommodations, should the confirmed premises become unavailable. However, TriPower Vacation Rentals, Inc. cannot guarantee the same rental rate. Renter reserves the right to accept or refuse the substitute accommodations and rental rate.

SAFE USE OF THE PROPERTY. Guest shall comply with all laws and rules affecting it. Fireworks, gas grills, open flames, intoxication by occupants, and inherently dangerous activities are prohibited. Use fire extinguishers appropriately. Report chirping alarms, as they indicate low batteries in safety devices. Do not take furniture outside. Do not tamper with alarms or smoke detectors. Use the overhead stove fan when cooking to avoid accidental activation of smoke detector. Please, do not disturb the quiet enjoyment of neighbors. Quiet hours are 10 pm until 7 am with no exceptions and in accordance with Ordinance No. 18-01. Open/Close times and maintenance for swimming pool and tennis courts are at the discretion of the condominium association and home owners.

RISK OF LOSS/INSURANCE. Each Party shall be responsible for loss, damage, or injury caused by his/her/its own negligence or willful conduct, or concerning Guest, also caused by members of Guest’s party and Guest’s licenses & invitees. Each party must carry appropriate insurance. VRM is not responsible for lost or stolen property. Guest agrees that personal property left on Property at the end of Rental Period shall be deemed abandoned if good faith attempts to return it fail.

CLEANLINESS, MAINTENANCE, AND REPAIRS. Property will be inspected prior to Rental Period, to ensure that the Property is clean, and in good repair. Guest must provide notice of any problems within 24 hours of discovery or 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 negligence by VRM, faulty equipment, appliances, internet & phone services; bugs; noise, a warm refrigerator, a cold pool, or; inclement weather, and other similar complaints do not constitute breach of contract. Service charges resulting from a false report by Guest, as reasonably determined by a service provider, shall be charged to Guest. There is no daily maid service. Guest must take trash to curb on assigned nights. Upon departure, Guest must wash the dishes and empty dishwasher, empty the refrigerator, place used bed linens in a pile by the washing machine, and place garbage in the outside trash can. We appreciate your efforts in maintaining the cleanliness of the premises.

DEFAULTS, REMEDIES, AND WAIVERS. Guest agrees that all persons on Property have transient status pursuant to § 82.045 Fla. Stat. (2017). The sole remedy for failure to provide reserved accommodations is a prorated refund. There are no free upgrades due to unavailable accommodations. VRM warrants property quality only to the extent it satisfies legal and contractual requirements.

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 Judy Haataja 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. 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, contact information was clearly and prominently displayed, and grievance policy instructions were provided. 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 20th Jud. Circ 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.

ADDITIONAL CHARGES AND FORFEITURES. Guest will be charged what is agreed to be a nonpunitive amount as listed below for the following occurrences: $250 for each unauthorized animal. $300.00 For odor removal due to smoke, or pets, or otherwise.$300.00 for each invitee or licensee who is unauthorized or in excess of the occupancy limit, violating terms concerning pool equipment, air conditioner, smoke detectors, outdoor furniture, excessive cleaning including for dirty dishes and leaving items to be disposed, trash or otherwise, and non-emergency use of fire extinguishers, and; the invoiced amount &/or costs plus $50.00 to remedy fines issued, replacement of missing items, damages not covered by Damage Waiver, stains, bed bug treatment, long distance phone calls, and pay-per-view purchases. There will be a $50 charge for key delivery in the event of a guest locking themselves out. There will be a $75 fee per key or pass that is not returned. Unless prior approval is obtained from Management Company, there will be a charge equal to a one-night stay for late departures.

Limited Damage Waiver Terms and Conditions. The fee is listed on your statement of expenses. The Waiver is part of the rental agreement. As an enrollee, Guest will not be obligated to pay for accidental damage to covered real or personal property of the Owner of the rental premises. VRM waives the right to charge for theft or damage to Property due to inadvertent acts or omissions during the reservation period. The maximum benefit is $600. 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 • Normal wear and tear • Theft without a valid police report • Damage caused by any animal, motor vehicle, watercraft, BBQ grills, candles, cigarettes, vape pens, smoking devices, or any other cause in breach of this agreement • Missing items • Damage by pets in a pet friendly property that exceeds the pet deposit • Extra and excessive use of utilities • Long distance calls, and/or ordered movies • Extra days rent, lockout fees, and keys or passes not returned • Fines due to unlawful behavior, or violation of a local ordinance • Or when Excessive cleaning is required. All claims of theft or damage will be administered by the staff, which has sole reasonable authority to determine the nature & extent of damages, necessary repairs, and eligibility for the waiver of liability described herein.

The guest agrees that expenses and damages not covered by the Damage Waiver Fee will be charged to the credit card on file.

VIOLATION OF RULES. Renter understands that if he or any member of his/her party violates any of the conditions or agreements in this contract, agent may terminate this contract and enter premises by force or by statutory proceedings.

TRAVEL INSURANCE: Travel Insurance is available through CSA Travel Protection for 6.95% of total rent if purchased at the time of reservation. VRM recommends Guest purchase trip insurance if they are concerned about possible interruptions or cancellations of trip. For more coverage information, please contact CSA Travel Protection at 1-866-999-4018 or 1-240-330-1529 (International). Visit vacationrentalinsurance.com/330CERT (http://www.vacationrentalinsurance.com/330CERT) to see plan.

CANCELLATIONS AND NON-PAYMENT.

There is a $100 fee for all cancellations outside of the 48-hour grace period.

If a cancellation is made more than sixty (60) days prior to the rental period, 100% refund will be given less the $100 cancellation fee. Written or email notice of cancellation must be received no less than sixty (60) days prior to the Rental Period at 2001 Estero Blvd, Fort Myers Beach, FL 33931 or rentals@c21tripower.com.

If cancellation is made within sixty (60) days prior to the rental period, full payment is subject to loss unless TriPower Vacation Rentals, Inc. can re-rent the property for the same period. In this case, renter will be refunded any rents that are recouped less the $100 cancellation fee.

ADDENDUM: Temporary Relaxed Cancellation Policy

There is a $100 fee for all cancellations outside of the 48-hour grace period.

TriPower Vacation Rentals, Inc. now has a relaxed cancellation policy due to Covid-19. This allows renters to cancel up to (30) days prior to their arrival date for a 100% refund, less the $100 cancellation fee. Cancellations made less than (30) days prior to arrival date will not receive a refund unless TriPower Vacation Rentals, Inc. can re-rent the property for the same period. In this case, renter will be refunded any rents that are recouped less the $100 cancellation fee. Written or email notice of cancellation must be received no less than (30) days prior to the Rental Period at 2001 Estero Blvd, Fort Myers Beach, FL 33931 or rentals@c21tripower.com.

There are no refunds for unmet expectations resulting from weather, natural disasters, personal or other related reasons, including those listed herein, with an exception for government-issued agency mandatory evacuations.

Management Company reserves the right to refuse service to anyone, to the extent permitted by law. Travel Insurance is recommended. This agreement applies to any extension, and/or change in reservation dates.

I give permission to SafelyStay, Inc., to verify my identity, and check criminal databases in order to confirm my reservation. Complete terms regarding Safely’s guest verification can be found at www.safely.com/terms. You may receive an email from Concierge@Safely.com to complete your screening. Please check your spam inbox for this email, and contact Safely at Concierge@Safely.com, or go to www.Safely.com (http://www.safely.com/) , if you have any questions.

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.

Enjoy your great vacation with TriPower Vacation Rentals, Inc.!