Rental Agreement
This Rental Agreement is made and effective on the booking date between the Owner and Guest(s) regarding the property known as A Tier Above, which is located in Cape San Blas, Florida. This Renter Agreement is valid for online bookings through this website and for bookings directly made with and paid to the owner.
Daily Rate: Rate varies due to seasonality and holidays.
Please select your dates on our online booking calendar for a quote.
Payment Methods
Credit Card – owner does not assess 3% credit card fee upon booking. Fee only applied to cancelations.
Check
Taxes
Gulf County Bed Tax – 5%
Florida Rental Sales Tax – 7%
Fees
Cleaning Fee - $700
Security Deposit
A security deposit of $1,500 is required.
PAYMENTS:
A payment in the amount of 50% of the total payment is due at the time this property is booked. Guest (party making the reservation) will be asked to make this payment by Credit Card or Check (with prior permission) at the end of the online booking process on this website. The balance of payment and any other fees are due as follows: The Guest's full payment is due 60 days before the date of your arrival. Reservations made within that 60-day window will pay the full amount upon confirmation.
In completing a booking, Guest is authorizing Owner to process payment with the credit card on file provided by Guest as prescribed in this Rental Policy and Guest Rental Agreement.
SECURITY DEPOSIT:
Guest will be required to provide a Security Deposit. Security deposits will be taken as a “hold” automatically with the card on file in the amount of $1,500 seven days prior to your arrival. The hold will be released 7 days after your scheduled departure date. Guests agree to the following Security Deposit policy: Any loss or damage to Owner property can be deducted from your deposit including but not limited to the following: excess cleaning fee, pool draining and refilling fee, missing item replacement costs, damaged item replacement or repair costs, misuse of items belonging to the property, repair costs of buildings or grounds during the Guest(s) reservation period, or other service call fees. Owner is under no obligation to use the least expensive means of restoration. The signer and credit card holder waive the right to dispute the reservation or the damages with the credit card company or booking site.
CANCELLATION/REFUNDS:
Refunds and Cancellations are available in the following manner, without exception:
Refunds are available for cancellations made up to 60 days before your arrival date in the manner specified within this Cancellation Policy and on the Rental Agreement executed between Guest and Owner. After that time, refunds are not available from Owner. All refunds are subject to a 3% credit card service fee and $150 Administrative fee. We strongly suggest guests obtain Cancel for Any Reason Travel Insurance which covers your stay when you’re out of the refund period in accordance with our cancellation policies.
All cancellations must be made in writing (email acceptable).
RENTAL TERMS:
In consideration of the rent received and the mutual promises contained herein, Owner of the Rental Property does hereby lease and rent to Guest such Rental Property under the following terms and conditions:
1. RULES AND REGULATIONS. Guest(s) agree to abide by all rules and regulations contained herein or posted on the premises related to the Rental Property. This agreement applies to all members of the Guest’s party no matter the age or affiliation. Guest acknowledges that Guest is responsible for sharing the rental agreement, and its requirements, with all members of the Guest’s party and anyone else permitted onto the Rental Property by Guest.
2. PET POLICY. There is a strict NO pet policy. If any pet(s) is found in or on the Rental Property, it is grounds for expedited eviction and forfeiture of all monies paid. We adhere to ADA policy concerning service animals. Please be aware that emotional support animals do not fall under this protection. Undisclosed and misrepresented service animal will result immediate cancelation of your reservation and you will forfeit the cost of remaining days on your reservation and you will be charged $1,500 for breaking this strict policy. Under ADA protection, you are still responsible for your service animal and any damages they may cause-including but not limited to urination/defecation. They may not be on the furniture. If you require accommodations for your pet(s) that do not meet this criteria, there are several alternative pet/animal friendly rentals in Cape San Blas.
3. SMOKING POLICY. There is a strict NO smoking policy of any kind, inside or outside on the property. This includes cigarettes, cigars, vapes, marijuana or any other form of smoking or devices. Please discuss these rules with everyone in your party prior to booking. Penalty for breaking this policy is a minimum $1,500.
4. CLEANING FEE. The cleaning fee is for deep cleaning and sanitizing of the home upon your departure only. Guests are responsible for leaving the home in the same condition it was in upon your arrival. Additional cleaning fees may apply if home is left with excessive garbage, dishes, food, etc. everywhere.
5. TONAL SMART HOME GYM. Only adults 18 years and older are permitted to use this machine. You have free use of the membership, giving you access to hundreds of guided workouts and programs.
6. POOL. The pool is serviced 2 times per week on Saturday and Wednesday. Misuse of the pool by spilling foreign substances, glass or metal will result in a service call charge at the sole discretion of the owner. Children who are not potty trained are required to wear a swim diaper. Do not tamper with any pool equipment. Pool heater service is available upon request for $500 per week plus tax.
7. ELEVATOR. The elevator is provided at no additional cost and may be used throughout your stay. Please be aware that due to the extremely sensitive nature of residential elevators, this amenity can breakdown. If you incur any issues during your stay, this will be addressed as soon as possible. Our remote beach location may cause service delay and this amenity cannot be considered a guarantee. Children under 12 years of age must be accompanied by an adult to utilize the elevator.
8. SECURITY CAMERAS. There are 3 security cameras on the exterior of the house. There is one located on each side of the house pointing to the street and one under the house facing the driveway. Cameras are recording 24/7 for security purposes. Tampering, covering, or disabling cameras will result in an immediate cancelation of your reservation and you will forfeit the cost of remaining days on your reservation.
9. QUIET HOURS. 10pm-8am. Guests are to be respectful of the neighbors and keep music and noise at a reasonable volume during all hours.
10. CHECKOUT TIME. Guests must checkout and leave at 10am on the checkout date. Guests who depart the property after 10:15am will cause delay in cleaning services and will incur a $150 penalty. An additional $100 will be charged for every 30 minutes thereafter.
11. RIGHT TO ENTER. Guests hereby acknowledge and grant specific permission to Owner and/or assignees the right to enter the premises at any time for inspection purposes should Owner reasonably believe that Guests are causing or have caused any damage to Rental Property. Guest further agrees to grant Owner access to Rental Property for purposes of maintenance and repair. In case of emergency, the Owner reserves the right to enter at any time for the purpose of safekeeping or preventing of further damage. If listed "For Sale," Guests agree to grant access by scheduled appointment with 48 hours advance notice and at a reasonable hour.
12. OCCUPANCY. Occupancy is limited to the number of people as per your reservation request or invoice. Violation of this policy will result in immediate eviction without compensation. No fraternities, school, civic, or other non-family groups are allowed unless Owner grants prior approval. In no event shall Guests assign or sublet the Rental Property in whole or in part. Violations of these rules will result in an immediate cancelation of your reservation and you will forfeit the cost of remaining days on your reservation.
13. FURNITURE. Furniture may not be moved within or from the property. All furnishings in the home may only be used for its intended purpose.
14. REPORT DAMAGE. Guests acknowledge receipt of the property in good order and condition. If found otherwise on arrival, notify Owner immediately. Unreported damage will be treated as damage that occurred during rental, as the property is thoroughly cleaned and inspected after each Guest. Guests are obligated to report damages as they happen during rental period so Owner can make necessary repairs to prevent further damage or/and to replace prior to next Guest arrival.
15. NO TRACE LEFT ORDINANCE. Gulf County where Rental Property is located enacted this ordinance in order to protect our shoreline, provide a healthy habitat for nesting sea turtles, preserve our pristine environment and ensure all residents and visitors can enjoy our wonderful beaches. Ordinance states: a) all unattended personal items must be removed daily from the beach, b) all holes must be filled, c) no overnight camping within 400 feet of any residence, d) no glass on beach, e) bonfires must not be within 100 feet of any structure and remnants must be removed same day, f) all trash removed, g) no soliciting or canvassing, h) unlawful to remove sand from beach, i) pets must be on leash, j) beach driving only with permit from Gulf Co Tax Collectors office.
Owner may terminate this Agreement upon the breach of any of the terms hereof by Guest. Guest shall not be entitled to the return of any rental monies paid under the terms of this Agreement and shall vacate Rental Property immediately.
In the event Owner is unable to make Rental Property available for any reason, Guest agrees that Owner’s sole liability as a result of this unavailability is to provide a full refund of all monies paid under this Agreement and Guest expressly acknowledges that in no event shall Owner be held liable for any special or consequential damages which result from this unavailability.
Disclaimer:
Owner may not be held responsible for a) noise pollution including construction outside the perimeter of Rental Property, b) power blackouts or water shortages, or c) Weather, emergencies, or other "Acts of God" in Florida where the property is located.
If there are any interruptions of mechanical or electrical failures such as pool filtration systems, air conditioning, appliances, television, elevator, etc., Owner will make every reasonable effort to rectify the situation as soon as possible. With the location of Rental Property in a remote location on Cape San Blas, services and parts may not be available immediately.
Guest may not modify or cancel this Rental Agreement, or receive a refund, in part or in full because of these interruptions.
​
Guest agrees to fully indemnify and hold harmless Owner and all agents or contractors from and against liability for injury to Guest or any other person occupying Rental Property resulting from any cause whatsoever including, but not limited to, injury sustained as a result of use of the pool, exercise equipment, elevator, stairs, wildlife, etc. Participation in such activities and/or use of equipment may result in injury or illness including, but not limited to bodily injury, disease, strains, fractures, partial and/or total paralysis, death or other ailments that could cause serious disability. Guest fully understands and acknowledges that these activities have inherent risks, dangers, and hazards. Guest hereby assumes all risks and dangers and all responsibility for any losses and/or damages. Guest hereby voluntarily agree to release, waive, discharge, hold harmless, defend and indemnify Owner and any and all agents, employees, or contractors from any and all claims, actions or losses for bodily injury, property damage, wrongful death, loss of services or otherwise which may arise out of Guest use of Rental Property facilities, equipment, or activities. Guest further assumes full responsibility for the actions of all persons whom he may allow to enter the property during the rental period and indemnifies Owner from any and all claims arising from such other persons.
GUESTS FOR THEMSELVES AND THEIR RESPECTIVE HEIRS, PERSONAL REPRESENTATIVES, SUCCESSORS AND ASSIGNS, HEREBY RELEASE OWNERAND THEIR RESPECTIVE DIRECTORS, THE OWNER OF THE PROPERTY, OFFICERS, AGENTS, EMPLOYEES, SURETIES, INSURERS, INDEMNITOR, ATTORNEYS, SUCCESSORS AND ASSIGNS FROM ALL CLAIMS, DEMANDS, OR CAUSE OR THING WHATSOEVER RESULTING FROM OR IN CONNECTION WITH THE PROPERTY OF THIS RENTAL CONTRACT, INCLUDING WITHOUT LIMITATION ANY CLAIM, DEMAND OR CAUSE OF ACTION FOR PERSONAL INJURY OR DEATH AND ANY AND ALL LOSS, LIABILITY, COST AND EXPENSE RESULTING FROM ANY CLAIM, DEMAND, SUIT OR CAUSE OF ACTION WHICH MAY BE ASSERTED.
This policy shall be enforced under the laws of Florida; any and all disputes shall be submitted to the jurisdiction of Florida, disregarding conflicts of law, forum, and venue, including any applicable rental acts, and represents the entire Agreement. Any amendments must be in writing and signed by both parties.
In the event of a dispute, legal action may only be instituted in the country of United States within which the Rental Property is located. If any part of this Agreement shall be deemed unenforceable by law, that part shall be omitted from this Agreement without affecting the remaining Agreement.
​
This Agreement is binding and cannot be modified or terminated by a sudden change of circumstance.
Changes to the Terms of Service:
OWNER reserves the right to revise its policies at any time without notice.
​
How to Contact Us:
Should you have other questions or concerns about these privacy policies, please call us at 404-867-6066 or send us an email at atierabovevacations@gmail.com
CHECK-IN TIME: After 5:00 p.m.
CHECK-OUT TIME: By 10:00 a.m.
​​
By paying the 50% down payment for a reservation, you are confirming that you can access and read and agree to all of this agreement.
Signing the Rental Agreement and providing a copy of your government issued ID is required for booking.
Reservation is not confirmed until government issued ID is provided and rental agreement is signed. If not received within 24 hours, the booking will be cancelled.
Last updated May 2024.