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Bay Pointe Property Management

1.RESERVATION. This Guest Rental Agreement ("Agreement") is entered into between IPG Florida Vacation Homes, dba Bay Pointe Properties, and dba Beach and Bay Vacations ("MANAGER") and the Guest ("GUEST"). Terms and Conditions attached, or as shown on the marketing website, are made a part of this agreement.
2. GUESTS/MAXIMUM OCCUPANCY. Two GUESTs must be at least Thirty years old (30) and must occupy the unit for the entirety of the reservation. More than 3 occupants under the age of Thirty years old (30), regardless of chaperones, are subject to management approval and an increased security/damage deposit. The total number of all adult GUESTs and children cannot exceed the maximum occupancy listed on the property website. No other occupants are permitted. All GUESTs over the age of Four years old (4) will be included in "maximum occupancy" as defined by the governing municipality. MANAGER reserves the right to determine the number of children that may accompany a parent or guardian. No children under the age of fourteen are to be left unattended in a unit at any time. NO special events of any kind are allowed, including but not limited to weddings, receptions, vow renewals, and birthday or anniversary parties. Falsely representing the number of people in the property, or exceeding the maximum occupancy will result in eviction which will require that the GUEST immediately vacate the property without recourse. Refunds of any deposits or payments will not be issued and any costs associated with the GUEST being evicted will be charged to the credit card on file and/or pursued by legal means.
3. PROPERTY. All rental properties are privately owned. PROPERTY OWNER and MANAGER are not responsible for any lost. missing or stolen items. GUEST shall hold OWNER and MANAGER harmless from all claims or causes of actions arising from the rental of the unit. GUEST is aware that road and utility construction projects may be occurring during the reservation period. No refund will be given due to construction projects. Information on such projects is available at: http://www.refreshfrnbeach.com/
4. RESERVATION PAYMENT. GUEST acknowledges receipt of, and is in agreement with, all rules, regulations, terms, and conditions listed herein. This Agreement is subject to full payment, receipt of all funds, occupancy approval, and compliance with the terms and conditions herein. Reservations are NOT deemed complete or confirmed until all required items and payments have been received and verified by MANAGER.
  • 4.1 A 25% Deposit is due at the time of booking if the booking is more than 120 days from the arrival date. Full payment is required for all bookings made less than 120 days prior to the arrival date. Payment must be submitted via credit card. All payments must be in US funds Visa, MasterCard, Discover and American Express are accepted.
  • 4.2 It is GUEST's responsibility to ensure that all payments arc received. In the event a balance remains 120 days prior to check­ in date, MANAGER reserve the right to cancel the reservation and retain all funds previously collected.
  • 4.3 Identification is required at time of booking; acceptable identification is a Driver's License or Passport.
  • 4.4 A valid credit card is required to be on file (regardless of payment type used) with the Manager.

5. AGENCY DISCLOSURE MANAGER. is the agent of the property owner and is acting, at all times, in and for the best interest of the owner. Manager will not be held liable for acts of theft., vandalism or damage to the GUEST's personal property.
6. ASSOCIATION APPROVAL, RULES AND REGULATIONS. Occupants of a unit governed by a homeowners or condominium association shall abide by all rules and regulations. GUESTs shall not be permitted to take occupancy unless GUEST has obtained all required association approvals. GUESTs shall have the sole responsibility for making application, paying all required fees and complying with all requests for information within the time frame required by the association. GUEST is aware that some amenities on the property are reserved for the use of owners and are not available to tenants. This may include clubhouse, work out facilities, spa, tennis courts, pool, specified parking, boat slips etc. If available there may be additional fees for access/keys. Please park in designated areas only. RVs, trailers, motor homes, boats trucks. motorcycles etc. are not permitted and are subject to towing.
7. CANCELLATIONS.

Where written notice is given, the below cancellation policy is effective.

121 or more days prior to arrival: 20% nonrefundable deposit.
120 or less days prior to arrival: 100% of rental charge

Where a reservation that has been paid with a credit card is canceled and where a refund or partial refund is due, a 3% credit card charge will be deducted from the amount otherwise repayable.

We strongly recommend that guests purchase suitable travel insurance to protect against unforeseen circumstances.


8. MANDATORY CREDIT CARD AUTHORIZATION ON FILE. I hereby authorize "Manager" to charge my credit card for any balance owning on this reservation 120 days prior to check in as well as for any and all expenses incurred during the reservation period due to damage, missing items, excessive cleaning, electric usage, pool heat or any violations of the rental policy as a result of Guest' s stay.
9. CHECK- IN . Check-in time is after 4:00 pm EASTERN TIME. Upon check-in, please ensure that the property is cleaned and in good condition. Early check-in may be available . If available , and upon request, check-in time becomes 2:00 pm and will cost an additional $100 fee. Note: Early check in is NOT available during Peak or Holiday Seasons. Some units may not be ready by 4pm and your patience is appreciated. It is the GUEST's responsibility to report any deficiencies in inventory or damage to the property upon arrival and IMMEDIATELY inform MANAGER to ensure that GUEST is not held liable and charged for any repairs/damage/missing items.
10. CHECK-OUT. Check-out time is prior to l0:00 am EASTERN TIME. If available, and upon request, late check-out of 12:00 pm and will cost an additional $100 fee.
Note: Late check out is NOT available during Peak or Holiday Seasons. If you are leaving early, please notify our office. Leave all dirty linens, bed sheets and towels in the bathtub/shower stall. Please do not leave wet linens on the floor. Place all dirty dishes in the dishwasher and start the cycle, empty the refrigerator and wipe down shelves, return all furniture to original locations . Clean up pool area making sure toys, coolers etc. are put away. Make a final check for all your belongings . as there is a charge to return items . Be sure that there will not be excessive cleaning required due to your visit and leave a note about any repairs that need to be done . Turn off all lights and ceiling fans then set air conditioning to 78 degrees. Lock all exterior doors, sliding glass doors, patio/pool doors and windows. Return keys to specified location. Keys left in the room and not returned as specified will result in a lost key charge of $200.00 per key.
11. GARBAGE AND RECYCLING. Garbage must be bagged and placed in the provided containers. Containers MUST be taken to the curb and brought in on garbage pickup days. Recycle as much as possible: cardboard, paper, glass, plastic & aluminum all go in the blue container. Containers that have not been taken to the curb or returned to the proper location on the assigned days will result in a $100.00 fine. Recycle to be placed at the curb on Tuesday evening after 5 pm and brought in before Wednesday 5 pm . Non Recycle to be placed at the curb on Wednesday evening after 5 pm and brought in before Thursday 5pm .
12. ACCOMMODATIONS . The designated unit is not available for any reason, MANAGER will use its best efforts to locate a comparable substitute unit. In the event a substitute unit is not available GUEST agrees to hold the owner, their agents and
representatives harmless for any damages. cost or inconvenience suffered. OWNER STORAGE: One or more locked closets may be reserved for the Owners personal property and is not part of this agreement. Any linen other than those on the beds in the bathrooms is the owners and as such is not to be used by the GUEST. GUEST may not make any structural or decorative changes to the unit and Owner is not responsible for making any structural or decorative improvements at GUEST's request. Repairs will be scheduled once notification is given by GUEST during normal business hours but GUEST understands that MANAGER has no control over availability or scheduling of Vendors. Any work performed by the association in the unit, buildings, grounds or common amenities is not a valid or sufficient reason for refund or cancellation of this agreement. Owner or Owners agent is not responsible for weather or incidents of nature that may occur during the GUEST's stay. No compensation will be given for such incidents of nature. Due to some Condominium association rules access keys (gate, lobby, pool, piers, tennis courts) are limited and in some cases may mean that only one key will be provided to these areas as Manager is unable to make duplicates of these keys. Storage units, mailbox keys and other "Owner" items will NOT be provided to Guests so please make other arrangements for mail etc.
13. FURNISHINGS. Rental properties are individually owned and furnished by the property owner so there is not a "standard" list of items or a "standard" condition for items which are in each property nor will the Owner or Manager provide specifically requested items for Guest stays. Please do not rearrange the furniture. take any items outside, move any furnishings or utensils to another unit. There will be a charge for Manager having to put furniture back in place after your stay. Descriptions provided are correct at the time of printing, but owner renovations. remodeling or replacement of furnishings may have resulted in changes. MAN AGER represents property to the best of his/her ability and assumes no liability for errors or omissions. Specific furniture information is not available to the reservation department. so information regarding how a property is furnished, whether or not there are blenders, irons, hair dryers, beach chairs, umbrellas and such will not be available and Guest is advised, unless specifically listed, such items shall be assumed to be unavailable.
14. APPLICABLE PROPERTY DAMAGE TERMS. In order to avoid charges please report deficiencies in the inventory or damage to the property that you discover at check in to the MANAGER. Damage must be reported at the time it occurs or as soon as possible before departure. Damages that exceed the limit, unreported and I or willful damages will be charged to your checking account/credit card. GUEST agrees to be responsible for any damage caused by the GUEST's party or visitors. Any intentional damage, theft, unauthorized pets, extensive cleaning required at check-out, smoking, exceeding occupancy or parking limits, or any other items covered in this Agreement, including any fines imposed on MANAGER, by the City, County, State or Homeowner Association as the result of violation of any law, ordinance, rule or regulation that result in fines or costs levied against OWNER due to actions or negligence by GUEST or Visitor of GUEST.
15. LOST AND FOUND. Hems left in the unit are returned to MANAGER and labeled with the date found and the name of property. All items unclaimed after Ten (10) days will be donated to charity. There will be a charge ofnot less than $35.00 plus shipping to return items. Neither MANAGER nor OWNER is responsible for any lost or stolen items, theft, vandalism, mysterious disappearance or any other claim on GUEST's personal property. GUEST agrees to defend, indemnify and hold MANAGER and OWNER harmless from any and all liability, claims, loss or expenses related to GUESTs personal property.
16. TURTLE SEASON (May 1 - October 31). All Gulf front properties must abide by the TURTLE TIME Turtle Season Beachfront Rules. SW Florida Beaches are environmentally sensitive areas with a protected population of Sea Turtles who visit each year to lay eggs. To protect the nests and aid future generations of returning Sea Turtles, Lee County has a Sea Turtle Conservation Code, which is strictly enforced. For information regarding lighting, or to report a lighting violation, please call Keith Laakkonen, Environmental Sciences 239-765-0202, ex1. 136. Shut off or shield lights that are visible from the beach. Close drapes or blinds after dark. Do not use flashlights, lanterns or any other non-approved light source on the beach. Fires are not permitted at any time. Do not allow car headlights to shine on the beach after 9:00 pm. Remove beach litter. Balloons, plastic bags, foam and other non-degradable pollutants cause the deaths of many sea turtles that mistake them for food. Convenient trash receptacles are provided to make it easy for you to play a role in the survival of this endangered animal. Quietly observe a nesting turtle from a distance. Do not shine any lights on or around her as she may abandon her effort to nest. No flash photography. Stay behind the turtle so that she cannot see you. Do not harass a turtle by touching her or prodding her to move. Stay out of the way as she crawls back to the water. Leave nest sites undisturbed. If you find a hatch ling wandering in daylight, place it on moist sand in a dry container, shade it and call Turtle Time, Inc. immediately: 239-481-5566. Remove all beach furniture, boats, toys, tents, etc. by 9:00 pm every night and store them close to the house or landward of dune vegetation. Keep pets on a leash, away from sea turtles and their nests. Leave sea turtle nest identification markers in place on the beach. GUESTs are responsible for all fines imposed for code violations. To report dead or injured sea turtles, or, if you have accidentally hooked a sea turtle that is small enough to rescue, contact: Florida Fish and Wildlife Conservation Commission 1-888-404-FWCC, or call Turtle Time, Inc. 239-481-5566 immediately.
17. NO PETS PERMITTED. No pet is permitted unless owner gives written permission. Dogs are permitted only in a few units and only on a case by case basis so please inquire prior to booking. Some units have size and number restrictions. The following
breeds are not allowed due to insurance liability: Pit Bulls, Rottweiler's, Chows, Akitas, Wolf Hybrids, Staffordshire Terriers, Beaucerons and Doberrnans, plus any mix of these breeds or any dog with a history of biting. If any of these breeds are found in your unit or on the premises, you will be asked to vacate immediately with no refund of any payments. Cats are not permitted.
  • 17.1 The non-refundable pet fee is Three Hundred Dollars ($300.00) per pet. If there is evidence of an animal in the house and no Pet Fee was paid GUEST will be charged One Thousand dollars ($1,000.00) and GUEST will be required to immediately vacate the property with no refund of any amounts paid. The pet fee does not cover removing pet waste. There are biodegradable bags at all Beach Accesses for this purpose.
  • 17.2 Pets are not allowed in the pool and must be leashed and under control at all times. Please do not leave pets alone as service technicians will not enter the premises.
  • 17.3 The OWNER and the MANAGER shall be held harmless from all claims or causes of actions arising from but not limited to damage or physical injury caused by the pet. GUEST is responsible to have up to date shots and vaccinations including but not limited to tick and flea treatment.

18. NO SMOKING. Smoking is not permitted in any unit. If there is evidence of smoking in the house, GUEST credit card will be charged Two Hundred Fifty dollars ($250.00) plus the cost to remove all evidence of smoking which typically involves dry­ cleaning of window treatments and bedspreads, shampooing the upholstery and carpets, and changing the air filters. GUEST will also be required to vacate immediately with no refund of any deposits or payments. Please smoke outside and clean up all evidence of smoking.
19. BOATS AND VEHICLES. RV's, boats, motor homes. trucks, motorcycles. trailers etc. are not permitted without specific approval and additional charges may apply. At no time, are boats or vehicles to be used for accommodation or connected to utilities of the property. Use of docks may or may not incur extra charges please check property listing details. All properties have enforced limits of parking spaces.
20. KEYS, LOCKS & REMOTE CONTROLS. Digital keyless lock system - GUEST will be emailed a unique, time sensitive, code to access the property. The access code will only work within the specific reservation time frame. Keys -Two door keys will be provided along with building access keys or codes as applicable. Tenant will be charged for nay locksmith or association fees, if any, for each key, pass, pool or garage opener lost or not returned upon checkout. Emergency service will either assist you in obtaining access to the unit in the event of a lock out or to contact a locksmith to allow you back into the property. You will be responsible for paying any applicable fees directly to the emergency service or the locksmith at the time this service is provided. Lock boxes - One key will be in a lock box on the property, typically by the front door. GUEST will be provided with the code prior to arrival providing the GUEST list has been approved and final payment has been received. Please leave one key in the lockbox when not in the house, in case entry is required for repairs. Lost keys will be charged at the rate of Two Hundred dollars ($200.00) per key to cover the cost re-keying. There will be a charge of Two Hundred dollars ($200.00) for each lost remote control. A $100.00 minimum fee will be charged to GUEST for lockouts occurring before or after business hours (8AM - 6PM). Every hour after the first hour will incur additional charges at a rate of$100/hour.
21. LOUNGE CHAIRS AND TOWELS. If you take lounge chairs and beach towels to the beach, please make sure they are all returned to the house each night. Replacement cost is Two Hundred dollars ($200.00) per lounge chairand Twenty-Five dollars ($25.00) per towel.
22. UTILITIES, SERVICES AND AMENITIES. Tf local telephone Service is provided, all long distance calls are to be made on personal cell phone, calling card or on a pre-paid phone card. Services, including but not limited to, Pay-per-View, downloaded games or movies will be charged to GUEST.
Internet/ Wi-Fi access is supplied free of charge hut is not guaranteed for functionality or performance. In the event of any equipment malfunction, please call management during regular business hours as this does not constitute an "emergency''. No rent refund, credit or compensation will be paid for any nonperformance of appliances or equipment, including but not limited to pool equipment, appliances and Internet / Wi-Fi access. Guest agrees to pay the housekeeping charges. This charge is for the cleaning upon check out to prepare the unit for the next guest only. Excessive, dirt, sand, furniture stains, carpet stains or any damage will result in additional charges assessed and charged to the Guest's credit card/damage deposit. In the event tl1e damages exceed the amount of the deposit/credit card, Guest shall be liable for any additional amounts. Guest may request additional cleaning services during the stay. if available, and for an additional fee. Linens and towels are provided by the Manager and are not to be removed from the unit. One towel set per Guest will be provided at check in along with starters of paper & soap products, i.e.: One (I) full roll for each bath and one (I) roll of paper towels in the kitchen, laundry detergent, dish soap, dishwasher soap and hand soap.
23. SWIMMING POOL AND POOL AREAS. The pool may be heated by an electric heat pump and/or augmented with solar heat. Pool suitability or temperature is not guaranteed and if the air is cold, the water temperature might not reach the set temperature. It is recommended that the solar blanket be used (if present) when temperatures drop below 70 deg. or the pool is not in use. Use of the Swimming Pool is "at your own risk". All GUESTs assume the risks of use and waive the right to file suit against the OWNER and/ or MANAGER for any loss, damage, injury or liability that should occur. The GUEST assumes all responsibility for themselves and anyone that they allow to be in the pool area. There is no lifeguard on duty and NO DTVING is allowed. Adult supervision of children is ABSOLUTELY REQUIRED at all times. Only registered GUESTs are allowed, pets are forbidden in the pool and pool area, no glass or breakable objects allowed in pool area and the pool area must be kept in a clean and proper order. Pools are typically open from 9:00 am to sundown unless otherwise posted. Please obey rules and times of use. Gates and pool cage doors are to be kept closed and secured at all times. Some condominium associations allow only OWNER access to pool/clubhouse and some may charge for such access. It is the GUESTs responsibility to contact and confirm such requirements with the property management company upon arrival. Young children must wear swim diapers and not regular diapers. The cost of cleaning and treatment required due to "soiling" of the pool will be charged to the GUEST. No balloons poolside as they can cause expensive repairs that are not considered "accidental". Damage to Screens is considered "Willful" damage. The pool is serviced regularly and has automatic cleaning and chlorinating systems.20. IO Notify Building Management immediately if there are any problems; however, there will be no rent refund if the pool /spa is closed for any reason.
24. POOL HEAT AND ELECTRIC USAGE. Pool heat must be requested by guest at time of booking and an additional charge will be assessed based on the rental period. Guest shall be responsible for notifying reservations in writing 3 days prior to arrival to have the pool heat turned on. Excessive use of electricity will be charged to the Guest's Deposit and/or credit card on file.
25. QUIET TIMES. Quiet times are between 9:00 p.m. (2100 hrs.) and 9:00 a.m. (0900 hrs.) and are mandated by the Bylaws of the municipality where the property is located. Please remember that noise carries close to water and conversations are easily heard from balconies and pools. Neighbors are asked to call us if there is a problem with our GUESTs. Should continued, and excessive noise persist, please be advised that the Sheriff will be called and your tenancy will be terminated immediately according to Florida Statue 509.141 and you will be billed for any damages. Your cooperation in maintaining friendly relations with neighbors is greatly appreciated.
26. lNDEMNIFlCATIONS AND lNSURANCE. GUEST agrees to indemnify and hold harmless MANAGER and the OWNER against all loss, damage, expense, and penalty arising from any action of the GUEST or visitors of the GUEST, which causes injury or death to any person or damage to any property. GUEST is strongly encouraged to secure the appropriate travelers or vacation insurance and/or renter's insurance.
27. LIABILITIES AND DAMAGE GUEST. agrees to defend, indemnify and hold MANAGER and OWNER harmless from any and all liability, claims, loss, property damage or expenses, arising by reason of any injury, death or damage sustained by any person, or to the property of any person, in or on the Property during the Term of this Agreement, including GUEST, additional invitees or visitors of GUEST, where such injury, death or damage is caused by a negligent or intentional act of GUEST, additional GUEST or any of GUEST's visitors or invitees.
28. CASUALTIES OR DESTRUCTION. Should the Property be destroyed or rendered uninhabitable by an Act of God (including, but not limited to, hurricanes, storms, floods or fires), or by environmental disaster, loss of utilities or otherwise prior to occupancy by GUEST, this Agreement shall become null and void, and all payments made hereunder shall be refunded to GUEST. Should the Property be destroyed or rendered uninhabitable during occupancy, reimbursement on a pro-rated basis will be negotiated between GUEST and MANAGER however, NO refund is will be made for bad weather. It is recommended that GUEST obtain Travel or Vacation Insurance. GUEST and parties listed above must comply with any mandatory evacuation order.
29. ATTORNEY'S FEES AND COSTS. If MANAGER employs the services of an attorney to enforce any conditions of this Agreement, to collect any amounts due, the eviction of the GUEST, or because GUEST takes any action to recover deposits not due, GUEST shall be liable to MANAGER for reasonable attorney's fees and costs incurred by MANAGER, if MANAGER prevails in such action.
30. SHORT-TERM RENTAL. It is expressly understood and agreed that this is a short-term vacation rental, and is not a lease or other long-term residential tenancy agreement. This Agreement is only for the licensed use of the Property for the stated Term. It creates no property rights to GUEST and no rights to renewal or for recurring usage. This Agreement is also neither a Time-Share sale or a Plan of Time-Share Development, nor a Vacation Club.
31. FALSIFIED RESERVATION. Any reservation obtained under false pretense will be subject to forfeiture of
Reservation Deposit and Final Balance, if paid, and such party will NOT be permitted to check in and/or will be subject to immediate eviction with the forfeiture of all amounts paid.
32. ASSIGNMENT. GUEST may NOT assign (in whole or in part) this Agreement, or any rights hereunder.
33. RADON GAS. Radon is a naturally occurring radioactive gas that, when it has accumulated in a building in sufficient quantities, may present health risks to persons who are exposed to it over time. Levels of radon that exceed federal and state guidelines have been found in buildings in Florida. Additional information regarding radon and radon testing may be obtained from the county health department.
34. ADDITIONAL CHARGES. If a MANAGER staff member is called to the property for any violation of this agreement, you will be charged at a rate of $200/hour. Should an association deny your application for residency, Manager will make every attempt to place you in a similar available property (subject to rate changes), or refund the amounts already paid.
35. PROPERTY. Tn the event this property is listed for sale, MANAGER reserves the right to show it to prospective buyers. Showing appointments will be made 24 hours in advance when possible. Rental properties are individually and privately o"Wned. Please do not rearrange the furniture in the unit, take any interior decorations outside, move any furnishings or decorative items to another unit.
36. ERRORS, OMISSIONS, AND CHANGES. Every effort is made to insure that all information is as accurate and complete as possible on all advertising but it is not guaranteed. Photographs shall not constitute availability of, or inclusion of. specific items such as docks, boat lift, etc. Photographs do not warrant condition of property/furnishings. Manager is not responsible for any inadvertent errors or omissions or for recent changes by an OWNER to their property. Policies, descriptions, conditions, rates and amenities listed are subject to change without notice.
37. ENTIRE AGREEMENT. This Agreement constitutes the entire agreement between the parties and may not be changed orally, but only in writing. This Agreement is made in, and shall be governed solely by the laws of, the State of Florida and Florida Statutes. If any section, clause, paragraph or term of this Agreement is held or determined to be void, invalid or unenforceable, for any reason, all other terms, clauses or paragraphs herein shall be severed and remain in force and effect. I/We understand and accept the terns and conditions on all pages of this Agreement.

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Hours of Operation (office hours):
Monday-Sunday: 10 AM to 6 PM

Central Florida Office (Disney Area):
8132 W. Irlo Bronson Memorial Highway Kissimmee , Florida 34747 Phone:863-547-1050 Fax:863-547-1060
Fort Myers Beach Office:
2670 Estero Blvd, Fort Myers Beach, Florida 33931
Bonita Beach Office:
5700 Bonita Beach Rd. Suite 3103, Bonita Springs, Florida 34134 Phone:(239) 495-3044 Fax:(239) 495-3032
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