Rental Terms & Conditions
As of January 1, 2023
The Contracting Guest listed on the reservation must be at least 25 years old, occupy the rental property for the entire length of stay and comply with the occupancy terms herein.
PAYMENT, CANCELLATION AND CHECK IN
Deposits will be collected based on your confirmation details. Deposits become non-refundable forty-five (45) days prior to arrival or forty-eight (48) hours after the reservation is made, whichever time is the later to occur. Full payment for the reservation is due thirty (30) days prior to arrival or immediately upon reservation if the reservation is made within thirty (30) days of arrival. The Contracting Guest must present a valid government issued photo ID and matching credit card upon check-in. If this credit card does not match the advance deposit, then the full stay will be authorized on the new card. If credit card holder will not be onsite, then a completed credit card authorization form must be received and completed in full prior to guest arrival by the card holder. Please note that the credit card provided will be pre-authorized for $300 to cover incidental charges including any purchases charged to the account while at the Resort. Check-in time is 4 p.m. and check-out time is 10 a.m.; additional charges may apply for early arrival or late departure.
Maximum occupancy is determined by rental unit type. In no case shall the number of occupants fifteen (15) years of age and above in a rental property exceed the listed Maximum Adult Occupancy. In no case shall the total number of occupants in a rental property exceed the listed Total Maximum Occupancy. The occupancy limitation for each unit type is listed below:
|Unit Type||Maximum Adult Occupancy||Total Maximum Occupancy|
Guests and visitors of any unit that is a Beach Villa, Waterside Retreat or Resort Cottage are only permitted to park in the spaces provided directly in front of such unit and guests and visitors of Surf Bungalow units are only permitted to park in spaced designated by signage reading “Surf Bungalow Parking”. Upon arrival, the Contracting Guest will receive the number of parking permits as determined by rental unit type as detailed below:
|Unit Type||Number of Parking Passes|
All guest vehicles must display a parking pass where it is easily viewable while parked on property. Any vehicles without a parking pass will be subject to being towed at the vehicle owner’s expense. Parking along the side of the street or on any sidewalk is strictly prohibited.
KEYS AND LOCKS
For Beach Villa, Waterside Retreat and Resort Cottages reservations, the Contracting Guest will receive a door code and entry instructions for the unit they have been assigned seventy-two (72) hours prior to their scheduled arrival. The Contracting Guest must be present to initially enter the unit. Within three (3) hours of the Contracting Guests initial entry into the unit, a guest concierge from the Resort will meet the Contracting Guest at the Unit to complete the check-in process in accordance with Resort Procedures. The Resort will provide the Contracting Guest with bracelets that must be worn by guests at all times while present at the Resort. The bracelets will include an RFID key card that will provide each guest with access to all Resort amenities in accordance with the Resort and Club rules and regulations.
Margaritaville Beach Cottage Resort – Panama City Beach is a smoke-free facility and smoking is strictly prohibited in any unit, the balcony of any unit or any Resort amenity. There is a $300 smoking fee.
Renters are prohibited from having pets at the Resort with the exception of certified service animals that are registered with the Resort prior to arrival. A Service Animal Registration Form can be obtained from the Resort by emailing firstname.lastname@example.org. Pursuant to § 4103.08(9) Fla. Stat. (2015), misrepresenting a pet as a service animal is a second-degree misdemeanor, subject to both criminal and monetary penalties. Unit Owners may have pets subject to HOA rules and regulations.
Florida wildlife may pose a danger to you. Approach all outdoor areas with caution. The Resort has been inspected to ensure that no bed bugs are present. If found during the Rental Period, their presence shall be presumed to have been caused by the Guest, who will in turn be responsible for the cost of treatment in accordance with the terms of this Agreement, unless the Guest provides clear and convincing proof otherwise. The Guest may be placed in an alternative property if available.
MANAGEMENT COMPANY’S ACCESS TO THE PREMISES
The Management Company may enter the Premises as reasonably necessary for protection or inspection; for repairs or other services, or for any other emergency and with such notice as the Management Company, it its sole discretion, deems appropriate.
SAFE USE OF THE PREMISES
The Guest shall use the Premises and shall comply with all laws are rules affecting it. The Guest agrees to abide by all posted rules and regulations of the Resort; including, but not limited to: (a) posted signage at amenities; (b) all safety regulations; (c) speed limits; (d) parking rules and regulations; and (e) all other rules and regulations affecting the Resort. No fireworks, open flames, or other inherently dangerous activities are permitted. Do not tamper with alarms, pool alarms or smoke detectors. Use the overhead stove fan when cooking to avoid accidental activation of the smoke detector alarm. All homes are equipped with non-recording noise detection equipment which notified the Management Company of sustained loud noise within a unit to avoid disturbances from the residences to neighbors. Do not disturb the quiet enjoyment of your neighbors.
RISK OF LOSS/INSURANCE
The Management Company and the Guest shall each be responsible for loss, damage, or injury caused by its own negligence or willful conduct. Each party must carry insurance. The Management Company is not responsible for any lost or stolen property.
ASSIGNMENT AND SUBLEASES
The Guest may not assign this Agreement or sublease the Property.
CLEANLINESS, MAINTENANCE, REPAIRS AND LIMITED DAMAGE WARRANTY
The Property will be inspected prior to the Rental Period to ensure that there is no need for maintenance or repairs. Guests must report any deficiencies in the accommodation within twenty-four (24) hours of arrival. All Guests are subject to the payment of a Limited Damage Warranty Fee based on your confirmation details. The Limited Damage Warranty Fee covers any incidental damage that is caused by the Guest AND reported to the Management Company prior to the Guest’s departure. A report can be made via phone or email. Responses shall be made in a timeframe and to the degree deemed appropriate in the sole discretion of the Management Company, absent negligence on the part of the Management Company, faulty equipment, appliances or services, bugs inside the Property, construction noise, a warm refrigerator, or inclement weather, and other similar complaints do not constitute a breach of contract. The Guest will be charged a Cleaning Fee for each reservation based on unit type as provided in your confirmation details. The Cleaning Fee assumed reasonable Guest use of the Property and the Management Company will charge the Guest an additional cleaning fee ($250 minimum up to the additional cost of clean) for accommodations that have been dirtied or soiled beyond reasonable guest use. The guest will be responsible for any damages, missing items and repairs of a home that are not covered by the Limited Damage Waiver Fee. A full inspection of the home will be conducted withing twenty-four (24) hours after check-out. The Guest must report any theft or damage to the unit or its contents to staff upon discovery. Any damage found that is not covered by the Limited Damage Warranty Fee will incur a minimum charge of $250 up to the full cost of repair and will be applied to the credit card provided upon check-in.
ADDITIONAL CHARGES AND FORFEITURES
The Guest will be charged a minimum or $250 up to amount of damage caused by the Guest for the following occurrences: (a) for each unauthorized animal; (b) for each unauthorized overnight Guest in excess of the Occupancy Limit; (c) for each 2-hour period or portion thereof of unauthorized early arrival or late departure; (d) odor removal due to smoke; (e) violating terms concerning pool or spa equipment, air conditioner, smoke detectors, non-emergency use of fire extinguishers, or any other violation of the section titled SAFE USE OF THE PREMISES. In addition to the monetary penalties detailed herein, the Property Manager reserves the right to have a Guest removed from the Premises or Resort for gross violation of the terms of this Agreement.
DEFAULTS, REMEDIES, AND WAIVERS
The Guest agrees that all persons on the Property have transient status as defined by and for the purposes of § 82.045 Fla. Stat. (2015). The sole remedy for failure to provide reserved accommodations is, at most, a prorated refund. The Guest waives any claim to a refund unless the Guest provides written proof that the grounds of the claim were reported to the Management Company immediately following its discovery. The Management Company warrants only that accommodations satisfy all legal requirements.
This Agreement can be extended only if evidenced in writing.
This Agreement is with PCB Resort Management, LLC, PCB Resort Club, LLC, and Top Shelf Vacations, LLC, collectively d/b/a Margaritaville Beach Cottage Resort – Panama City Beach, FL. Entirety. This is the entire agreement on this matter, superseding all previous negotiations, agreements and UCC applied terms. Headings. Headings are solely for convenience and neither constitute a part of the Agreement nor affect its interpretation. Interpretation. This agreement shall not be construed in favor of the non-drafting party. Modification. Only the Management Company has authority to modify this Agreement and must do so by written agreement of the Parties unless specifically provided otherwise herein. Assignment. Any attempted assignment or delegation of this Agreement shall be invalid. Severability. If any provision of this Agreement is invalid or unenforceable under governing law, it shall, to the extent possible, be construed or applied in such a manner as will permit enforcement; or otherwise this Agreement shall be construed as if that provision had never existed. Time. Time is not of the essence concerning this Agreement. Payments. Payment to the drafting party is a condition precedent of payment to the non-drafting party when a direct nexus between the two exists. The drafting party is not liable for non-performance of contracted companies and may negotiate payment terms or opt to forfeit payments for reasons of expediency. Warranties. No warranties exist unless expressly stated and not merely implied. Notice. Only notice and communications via email are considered proper. Thirty (30) day notice is required before taking any chargeback, litigation, or formal or public complaint actions. Discretion. The Management Company’s sole discretion concerning any determination of breach or remedy required good faith and adherence to usual customary practices in the resort and/or vacation rental market. Reliance. The non-drafting party acknowledges that he/she/it has not relied upon any current or prior representations or understandings and waives any rights or claims arising from the same. Material Breach. Terms specified as material are not to the exclusion of other material terms. Performance by the drafting party is excused 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. Remedies. The exclusive remedy for breach of this contract is limited to actual financial losses, and as governed in this agreement, reasonable attorneys’ fees and costs, which are agreed to be adequate remedies. Regardless of the failure of the exclusive remedy, drafter will not be liable for consequential damages. Liquidated Damages. It is agreed that any liquidated damages under this Agreement constitute non-punitive and difficult to forecast damages. Claim Limitation. No action shall be brought by either Party unless commenced within one (1) year of the date of this Agreement, which is deemed reasonable due to the need to manage unknown risk for business planning. Chargebacks. The non-drafting party agrees that a detailed item description was provided, contact information was clearly and prominently displayed, and instructions were provided for in the event an item was not provided as stated. Forum. The 14th Judicial Circuit of Florida shall be the exclusive forum for any claims related to this Agreement unless there exists exclusive Federal jurisdiction, in which case it shall be the U.S. Dist. Ct. for the Northern Dist. of FL. Law. Any dispute between the Parties, whether arising out of this Agreement or otherwise, shall be governed by the laws of FL to the exclusion of all other laws, conflict of law principles, and other legal theory bases. Jury. The Parties waive their rights to a jury trial. Attorneys’ Fees. The prevailing party shall be entitled to reasonable attorneys’ fees from the non-prevailing party including but not limited to defending chargeback demands, public or formal complaints, and litigation arising out of this Agreement or otherwise. Hold Harmless. The non-drafting party agrees to hold harmless the drafting party and defend it against any third-party complaints. Indemnity. The non-drafting party agrees to indemnify the drafting party for the reasonable cost to defend and any payments made to settle any third-party claims. Third Party Beneficiaries. The Parties agree no third party has any rights under this Agreement as to a third- party beneficiary and any benefits received are merely incidental.
CHANGES TO RESERVATIONS AND NON-PAYMENT
Changes to reservations will be accommodated based on availability prior to arrival. Refunds are not given for unmet expectations, weather, natural disaster, personal, or other related reasons with an exception for a government issued agency mandatory evacuation. The Management Company reserves the right to refuse service to anyone.
By confirming a reservation with Margaritaville Beach Cottage Resort – Panama City Beach, FL you are agreeing to the terms of this Agreement. One of those terms is an automatic opt in for Margaritaville Beach Cottage Resort – Panama City Beach, FL to be able to utilize any images or content that contains you or anyone in your group. These images can be used for any marketing or advertising on behalf of the Resort or Margaritaville brand through social media, digital means, commercials, website and any other means of marketing or advertising.