Terms and conditions

Welcome to easybreezybnb!

These terms and conditions outline the rules and regulations for the use of easybreezybnb's Website, located at easybreezybnb.holidayfuture.com.

By accessing this website we assume you accept these terms and conditions. Do not continue to use easybreezybnb if you do not agree to take all of the terms and conditions stated on this page.

The following terminology applies to these Terms and Conditions, Privacy Statement and Disclaimer Notice and all Agreements: “Client”, “You” and “Your” refers to you, the person log on this website and compliant to the Company's terms and conditions. “The Company”, “Ourselves”, “We”, “Our” and “Us”, refers to our Company. “Party”, “Parties”, or “Us”, refers to both the Client and ourselves. All terms refer to the offer, acceptance and consideration of payment necessary to undertake the process of our assistance to the Client in the most appropriate manner for the express purpose of meeting the Client's needs in respect of provision of the Company's stated services, in accordance with and subject to, the law. Any use of the above terminology or other words in the singular, plural, capitalization and/or he/she or they, are taken as interchangeable and therefore as referring to the same.

TERMS AND CONDITIONS OF SHORT-TERM OCCUPANCY

1. Term and Termination. This Agreement shall be effective as of the date your reservation was made and shall continue through the latter of either the last date of your scheduled reservation or the time you actually vacate the property.

2. No Tenancy Rights. Guest is a short-term transient occupant of the property only. Guest is using the property as a short-term vacation rental and maintains a primary residence outside of the property. Guest shall not make the property a residence or household. This Agreement shall not be deemed to give Guest any rights as a tenant of the property. Guest shall vacate the property at the expiration of its booked reservation. Guest shall not sublet the property.

3. Cancellation Policy. Full refund for cancellations up to 30 days before check-in. If booked fewer than 30 days before check-in, full refund for cancellations made within 48 hours of booking and at least 14 days before check-in. After that, 50% refund up to 7 days before check-in. No refund after that.

4. Check In/Out. Check-in time is no earlier than 4:00 PM and check-out time is no later than 11:00 AM. Early check-in and check-out shall be assessed at a rate of $35.00 per hour (in minimum 1 hour increments) and must be approved by property manager in advance. Early check-in and late check-out are not guaranteed and are subject to availability. Guest agrees to having its credit card charged for these fees, if applicable.

5. Guest Rules. Guest shall read and follow the property-specific rules and instructions in the on-site guestbook. Additionally, the following shall apply:

a. Guest shall immediately alert the property manager, in writing, of any problems or issues which arise upon immediate discovery thereof.

b. Only human excrement and toilet paper may be disposed in the toilets. Guest shall not place any paper towels, wipes, feminine products, hygiene products, condoms, garbage, food, or any other items in the toilets.

c. Guest shall maintain the premises in a well-kept condition and use the property only in a reasonable, prudent, careful, and lawful manner.

d. Guest shall dispose of all waste material generated during the rental period in a lawful manner. Guest is cautioned not to leave trash outside for long periods of time because it attracts animals. Please refer to the “app” or on-site guestbook for trash pickup days/information. Do not leave trash or recyclables outside of bins.

e. Guest shall behave in a reasonable and civilized manner, shall be a good neighbor, and shall respect the rights of the surrounding property owners. Guest shall not create noise or disturbances likely to disturb or annoy the surrounding property owners. Creating a disturbance shall be grounds for immediate termination of the reservation and Guest shall then immediately vacate the premises. Quiet hours shall be from 10:00 PM through 7:00 AM the following day, during which time all noise which can be heard outdoors shall be kept to a minimum (no louder than regular conversation levels of noise). Guest agrees to having its credit card charged $500.00 if the property manager is called to the property for noise complaints or disturbances.

f. There shall be no smoking inside the premises. Smoking is permitted outside the home at a distance away from doors and windows such that smoke, and the smell of smoke, does not enter the property. Guest agrees to having its credit card charged $1,000.00 if evidence of smoking is detected during Guest’s reservation or immediately after Guest checks out.

g. The property manager shall provide towels, linens, cups, knives, forks, spoons, and dishes. The property manager shall provide a reasonable amount of initial toilet paper, soap, dish detergent, laundry soap, and shampoos (the “Consumables”). Guest shall be responsible for any additional Consumables. Guest shall immediately advise property manager, in writing and upon arrival, if it disputes that a reasonable amount of Consumables are initially present at the property.

h. Firearms, fireworks, and any hazardous materials are strictly prohibited.

i. Guest shall use the property for legal purposes only as a residential short-term vacation rental. Any other use, including but not limited to, illegal use, drug use, abuse of any person, harboring fugitives, or engaging in commercial activity at the property, shall cause termination of this agreement with no refund of rents, deposits, or fees and Guest shall then immediately vacate the premises.

j. Guest agrees not to access any “Owner's Closet," even if unlocked.

k. Guest is advised that the property may contain a gas stove and cooktop, gas heating, gas grill, and other gas-powered items and shall seek help from the property manager if the proper operation of such items is not fully understood.

l. The property has fire alarms installed, and they are believed to function properly at the time of rental. Guest will notify the property manager without delay if a fire alarm indicates (by making noise or otherwise) that it has a low battery condition or is not functioning.

m. Guest shall see to its own security while in the property, including but not limited to, locking doors, windows, and garage doors.

n. If the property manager discovers any of Guest’s personal items were left behind, the property manager shall hold any such item for 7 days. If Guest does not claim any such personal items within 7 days, they shall become the property of the property manager. The property manager shall not be held liable for the safekeeping or condition of any Guest items left behind. If Guest desires the property manager to return such items to Guest, Guest agrees to having its credit card charged an administrative fee of $50.00 plus the actual cost of shipping.

o. If cable, internet, or streaming television service is provided, no refund shall be issued for outages, content, lack of content, or personal preferences with regards to such services. Guest shall not order any pay-per-view or incur any similar television or movie charges.

p. If internet is provided, no refund shall be issued for outages, content, lack of content, speed, access problems, lack of knowledge of use, or personal preferences about the internet service.

q. If a garbage disposal is provided, no refund shall be issued for outages or if it ceases to function. Guest shall act reasonably with regard to such use. Guest shall not place non-food, grease, oil, hard substances, animal fat, fruit peels, or raw foods into the garbage disposal.

r. If air conditioning or heating is provided, no refund shall be issued for outages, cooling, or heating issues. Guest shall not set any air conditioning system below 70 degrees and shall not set any heating system above 78 degrees. Guest shall keep the air conditioning fan setting on "Auto." Doors and windows shall be closed when either heat or air conditioning is in operation. If Guest causes the air conditioning system to freeze (often caused by setting the temperature too low), Guest agrees to having its credit card charged for the cost of repair.

6. Pet Policy. No pets shall be permitted on the property unless otherwise disclosed, reserved, and paid for at the time of booking. All pets over 45 pounds must be separately disclosed to, and approved by, the property manager, which shall have the sole discretion to approve or disapprove the same on a case-by-case basis.

7. Property Damage Protection. Property damage protection and/or additional security deposit shall be paid at the time of booking. The property damage protection shall cover only up to the first $5,000.00 in damages to the property caused by accident by Guest if Guest was using the property in a reasonable, prudent, careful, and lawful manner at the time of the accident; and Guest shall pay and additional damages over $5,000.00. The property damage protection shall not cover any of Guest’s personal property or any injuries to persons or pets. Guest is encouraged to purchase its own insurance for any personal property or health matters. Guest shall also pay for any and all damage to the property which was not accidental in nature or which was the result of an unreasonable, non-careful, illegal, or non-prudent use of the property.

8. Bicycles, Kayaks, and Rental Equipment Release. This provision shall also apply if the Property includes a bicycle, kayak, or other rental equipment. Guest understands the nature of using bicycles, kayaks, and other rental equipment and certifies that it is qualified, in good health, and in proper physical condition to participate in such activity. Guest should obtain doctor approval prior to using the rental equipment. The use of the rental equipment involves risks of serious bodily injury, including permanent disability, paralysis and death, which may be caused by Guest’s own actions or inactions, third parties, acts of god, the conditions in which the activity takes place, or other risks known, unknown, or not readily foreseeable. Guest fully accepts and assumes all such risks and all responsibility for losses, cost, and damages incurred as a result of its use of the rental equipment. Guest shall not permit minors to use the rental equipment. Guest shall obey all state, federal, and local regulations, laws, ordinances, and lawful directives from appropriate emergency, law enforcement, or authorized personnel when using the rental equipment. Guest agrees to inspect the rental equipment prior to use. Guest shall not use the rental equipment if Guest discovers any defective condition or that it is not in good working order. Guest shall only be entitled to a refund of the equipment rental fee if the equipment is not in good working order upon check-in and Guest promptly reports the issues to the property manager in writing. Guest shall not be entitled to any additional refund, set-off, or damages for any reason. Guest shall bear all risk and responsibility of any and all damage, loss, or theft of the rental equipment. Guest agrees to having its credit card charged for damage, repair, and/or replacement of the rental equipment. Guest shall return and lock the rental equipment, less only reasonable wear and tear, to the designated area.

9. Default. Guest’s breach of any of the terms and conditions herein shall result in the immediate termination of the reservation and Guest shall then immediately vacate the premises. Guest waives any and all rights to service of process or judicial enforcement and may be removed by self-help or otherwise. All damage and enforcement provisions shall survive termination of this Agreement.

10. Force Majeure. The property manager and/or property owner has the right to cancel any reservation at any time due to events which are not reasonably foreseeable which cause the property to be wholly or partially un-rentable. In such cases, Guest shall be reimbursed 100% for any monies paid for the reservation.

11. Miscellaneous Conditions. The following provisions shall also apply:

a. Property Manager Enforcement Rights. The property manager shall have the right to enforce all provisions of this Agreement as the authorized agent of the property owner.

b. Guest Responsible for All Occupants. Guest shall be fully responsible and liable for the actions of all occupants of the property during Guest’s scheduled reservation. All obligations of Guest herein shall also apply to all occupants of the property during Guest’s scheduled reservation. Any breach of this Agreement by an occupant of the property during Guest’s scheduled reservation shall be treated as a breach by Guest. Any reference to Guest herein shall also be presumed to include any occupant of the property during Guest’s scheduled reservation. Use of the word “occupant” shall also include any of Guest’s invitees to the property.

c. Breach, Opportunity to Cure, and Injunctive Relief. Guest must provide property manager and owner written notice and 30 day opportunity to cure if it believes that the property manager or owner are in breach of this Agreement. If such items are not cured within 30 days, then the Guest must request a non-binding mediation to occur within an additional 30 days. Such notice, cure opportunity, and request for non-binding mediation shall be a condition precedent for Guest to bring any legal action related to, or arising from, the terms of this Agreement. All notices sent by Guest must be in writing. Notwithstanding the foregoing, Guest, owner, and property manager may, at any time, file a lawsuit for only emergency injunctive relief. In the event an injunction is entered, Guest agrees that that the amount of the bond to be posted shall not exceed $1,000.00.

d. Indemnification. Guest shall indemnify, defend, save, and hold harmless the property manager and property owner, and their shareholders, members, directors, officers, assigns, contractors, employees, and agents, from and against all claims, liabilities, causes of action, damages, judgments, attorney’s fees and costs, court costs, and expenses which arise out of, or are related to, this Agreement except for the gross negligence or intentional wrongful acts of the property manager or property owner.

e. Attorney’s Fees and Costs and Waiver of Jury Trial. The prevailing party in any lawsuit for the removal of Guest or for non-payment of any charge(s) incurred by Guest shall be entitled to all costs and attorney’s fees associated therewith, including those through any and all appellate actions. Guest hereby irrevocably waive the right to a trial by jury for any matters related to, or arising from, this Agreement.

f. Headings. Paragraph headings shall not be deemed to be a part of the provisions of such paragraphs or have any affect upon the construction thereof, but the same are inserted for reference purposes only.

g. Governing Law and Venue. This Agreement and all transactions contemplated by this Agreement shall be governed by, and construed and enforced in accordance with, the laws of the State of Florida, excluding the conflict of laws principles thereof. The venue for any action arising from this Agreement shall be exclusively a court of competent jurisdiction in Broward County, Florida.

h. Severability. If a court of competent jurisdiction finds that any portion or provision of this Agreement shall be held to be invalid or unenforceable for any reason, the remaining portions and provisions shall continue to be valid and enforceable in all respects as if such invalid or unenforceable provision were omitted. If a court of competent jurisdiction finds that any portion or provision of this Agreement is invalid or unenforceable, but that by limiting such portion or provision it would become valid and enforceable, then such portion or provision shall be deemed to be written, construed, and enforced as so limited.

i. Merger Clause/Entire Agreement. Guest acknowledges and agrees that this Agreement, together with any contemporaneous or online booking terms and conditions, represents the entire and complete agreement with Guest and that this Agreement supersedes all prior correspondence, discussions, agreements, understandings, conditions or representations of any kind, either written or oral which may exist relating to, or arising from, this Agreement.

j. Amendments. This Agreement, including any term or provision thereof, may be changed, waived, or discharged only by an instrument in writing, signed by the person or entity against which the enforcement is sought.

k. Counterparts. This Agreement may be signed in one or more counterparts and all executed counterparts, each of which shall be deemed an original, and all of which taken together shall constitute one and the same instrument. Signature pages, copies of signature pages, and digital signatures, whether received via facsimile, email or otherwise, shall be deemed an original and shall have the full legal effect of an original.

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, if you have any questions.

IN WITNESS WHEREOF, the Guest, intending to be bound hereby, does set its hand on the date so indicated below:

Electronic Signature Tenant

Sean Howell
EasyBreezy BnB LLC

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