Deposit and Cancellation Policy
KCP Vacation Rentals Direct Book Booking Terms
All persons in the renter’s party must be listed on the Registration Form. Form must be completed and submitted with this Rental Agreement. Only persons listed on the Registration Form are permitted to occupy the rental premises, amenities, and common areas. Renters may not bring additional guests for day use of the property or overnight.
BOOKING DEPOSIT & METHODS OF PAYMENT
A booking deposit is required to reserve the Unit. Reservations made within 7 months of arrival require 50% deposit upon book and payment in full 60 days prior to arrival. Reservations made over 7 months prior to arrival require a 25% booking deposit, 25% payment 180 days prior to arrival and payment in full 60 days prior to arrival. If the reservation is made within 60 days of check-in payment in full is due at time of booking.
Methods of payment accepted are credit cards (Visa, MasterCard, Discover, Amex) or E-checks.
Payment types accepted: E-Checks and Credit cards (Visa, MasterCard, American Express, Discover, & JCB). Payment must be in U.S. dollars.
PAYMENT SCHEDULE
Payments must be received by the dates set forth in the agreement. Failure to meet deadlines may result in forfeiture of reservation and deposits.
CANCELLATION POLICY & REFUNDS
Upon KCPVR receiving from Renter, written (or digital) cancellation, the unit becomes immediately available. Refund of advance payments will be according to the following:
1. Reservations cancelled 181+ days prior to arrival, Renter will receive a refund less 10% rebooking fee. Reservations cancelled 180 or less days prior to arrival date Renter will only be provided a refund if the unit is re-rented for the same period, at the same weekly rate and subject to a 20% rebooking fee. The damage deposit and other unused charges except credit card convenience fees will be fully refunded.
2. Renters who no show or fail to occupy will be fully refunded the damage deposit and other unused charges, except credit card convenience fees, however there will be no refund of rent payments.
3. No discount or refund will be made for late arrivals or early departures.
4. Forfeited rent payments retained by KCPVR shall be considered liquidated damages in full settlement of all claims.
CANCELLATION POLICY & REFUNDS
Upon KCPVR receiving from Renter, written (or digital) cancellation, the unit becomes immediately available. Refund of advance payments will be according to the following:
1. Reservations cancelled 181+ days prior to arrival, Renter will receive a refund less 10% rebooking fee. Reservations cancelled 180 or less days prior to arrival date Renter will only be provided a refund if the unit is re-rented for the same period, at the same weekly rate and subject to a 20% rebooking fee. The damage deposit and other unused charges except credit card convenience fees will be fully refunded.
2. Renters who no show or fail to occupy will be fully refunded the damage deposit and other unused charges, except credit card convenience fees, however there will be no refund of rent payments.
3. No discount or refund will be made for late arrivals or early departures.
4. Forfeited rent payments retained by KCPVR shall be considered liquidated damages in full settlement of all claims.
ARRIVAL & DEPARTURE
Check In: 4:00pm. No early arrivals unless arranged with property manager, including parking vehicles or storing personal property ie bikes, kayaks, etc. at the premise
Check Out: 10:00am. No late check outs unless arranged with property manager, including leaving parking vehicles or personal property at the premise. Renters who occupy the premise after check out may be subject to a late check out fee.
Check Out Procedures are posted in the unit.
RESERVATION PAYMENTS AND DAMAGE DEPOSIT
1. Payments. Reservation rent payments are held by KCPVR to secure Renter’s performance under this Agreement, applicable law, and regulations. When payments are not timely received, KCPVR reserves the right to cancel and retain all prior rent payments received.
2. Damage Deposit. The Damage Deposit shall serve as security for any loss or damage caused by Renter, Renter’s family, friends, agents, or employees.
a. Damages include, without limitation, property damage or loss, furniture relocation, unpaid rent, telephone charges, TV charges, tobacco smoke cleaning, excessive cleaning required above and beyond standard post-occupancy cleaning, collection fees and expense, occupancy exceeding maximum stated above, and any other damages.
b. Renter charges for damaged or missing property will be deducted from Renter’s damage deposit. An itemization of such charges along with any remaining damage security will be mailed to Renter. Renter is responsible for immediate payment of any charges exceeding their damage deposit.
3. Escrow Account. As required by Florida law, Damage Deposit payments are placed in an escrow account. Renter hereby authorizes KCPVR to receive and retain all interest earned on such funds.
PROMOTIONAL OFFERS
Any promotional offer is valid for new reservations only and applies exclusively to bookings made during the stated promotional period for stay dates. We have a 7 night minimum and are required to quote nightly rates, any discounts not listed as percentage, such as 1 night free, would be converted to a percentage, nightly discount.
New Bookings Only: This promotion does not apply to existing reservations. Previously confirmed bookings are not eligible for retroactive discounts, adjustments, or refunds. This promotion may not be transferred, applied to another reservation, or combined with other discounts, offers, or promotions unless explicitly stated. Reservation must meet all standard booking policies, including minimum night stays, occupancy limits, and payment terms. Any changes to a reservation after booking may void the promotional rate and result in repricing at the current market rate.
Standard cancellation policies apply. Promotional discounts do not alter or waive cancellation terms
Management reserves the right to modify or discontinue this promotion at any time without prior notice. In the event of pricing or promotional errors, management reserves the right to correct such errors and adjust reservations accordingly.
By booking under this promotion, guests agree to these terms and conditions as listed on our website, www.keycolonypoint.com
EVACUATION
Upon KCPVR receiving from Renter, written (or digital) cancellation, the unit becomes immediately available. Refund of advance payments will be according to the following:
Should a reservation be cancelled due to an official evacuation order for hurricane, pandemic, or other life-threatening cause not attributable to Renter, refund of payments will be as follows:
1. Partial Stay Refunds. Rent for full 24-hour days following check-out, will be prorated and 100% refunded.
2. Damage Deposit. Damage deposit will be fully refunded, subject to the terms of the Damage Deposit article of this Agreement.
3. Refund Payments (KCPVR Check) will be mailed to Renter, at the address on this agreement, within 10 days after departure.
ACCESS, INSPECTION & MAINTENANCE OF PREMISES
Renter agrees to permit KCPVR or KCP’s agent to enter the rental premises or any part thereof at any reasonable time for the lawful purpose including, but not limited to routine maintenance, repairs, and routine or governmental inspections, and/or to protect any personal property from damage. Reasonable time for said entry, without further notice to Renter, shall be between the hours of 9:00 a.m. and 8:00 p.m. The parties may agree to additional hours for KCPVR/KCP’s access. KCPVR or KCP’s agent may also enter the rental premises with the consent of Renter, or when necessary, in case of an emergency, or when the Renter unreasonably withholds consent or access. If the unit is for sale, Renter will cooperate with the Manager to schedule a time convenient for a realtor showing.
RENTER COVENANTS AND CONDITIONS
Renter agrees to comply with Renter rules included in the attached “Renter Rules Addendum” and that the following conditions are material covenants of this Agreement, the breach of which, by Renter, Renter’s family, Renters, or agents shall result in Renter’s (and Renter’s party) immediate forfeiture of the rental premises in accordance with applicable law:
Should a reservation be cancelled due to an official evacuation order for hurricane, pandemic, or other life-threatening cause not attributable to Renter, refund of payments will be as follows:
1. Occupancy. The attached Renter Registration Form must be completed and submitted with this Rental Agreement. Renter shall only permit persons listed on the Renter Registration Addendum, to occupy the subject rental premises. Changes must be submitted, in writing, to KCPVR in advance. Over-occupancy is considered a serious violation of the rental agreement, and you will be removed from the premises.
2. Animals. Renter shall not bring pets or animals of any kind onto the KCP complex at any time, unless specifically permitted in writing by KCP.
3. Vehicles. Renter is limited to two vehicles (auto, SUV, or pickup). Reserved covered parking (marked with unit number) is provided for one vehicle; a second vehicle may be parked in unreserved “Visitor Parking”.
4. Smoking and Vaping. Smoking and vaping are NOT allowed in any of the units, or at the pool.
5. Linens and Towels. Linens (bedding, towels, etc.) are provided and are not to be removed from the property. Any lost or damaged linens will be deducted from the Damage Deposit.
6. Damage or Loss. Renter shall be responsible for the total cost of repair or replacement of damaged or lost premises elements, whether by misuse, accident, or neglect by Renter, Renter’s party, or others related to Renter’s rental of the Unit. Such cost will be deducted from the Damage and Loss Security. If such cost exceeds the deposit, Renter shall immediately reimburse KCPVR upon presentation of an invoice.
7. Laws, rules, and regulations. Renter shall comply with all applicable city, county, state, and federal laws, rules, regulations, and ordinances including, but not limited to Special Vacation Rental Permit Regulations of Monroe County, Florida.
8. Disorderly and offensive activities. Renter agrees not to commit or use the rental premises for any disorderly, unlawful, or offensive purpose.
9. Renter Removal from Premises. Renter acknowledges and agrees that KCPVR may remove, or cause to be removed, from the rental premises, any Renter or Renters who, while at the rental premises, illegally possesses or deals in controlled substances, violates any of the terms of this Agreement, is intoxicated, profane, lewd or brawling, who indulges in any language or conduct which disturbs the peace and comfort of other Renters or neighbors, or which constitutes a nuisance, or which injures the reputation, dignity or standing of the rental premises, or anyone who fails to check-out at the agreed time, unless an extension of time is expressly agreed to by KCPVR and Renter prior to check out.
a. Vacate Order. An order to vacate the premises may be given orally or in writing to Renter. A vacate notice will include the following: “You are hereby notified that this establishment no longer desires to entertain you as its Renter, and you must vacate the premises at once. To remain after receipt of this notice is a misdemeanor under the laws of the state of Florida.”
b. Refund. Renters ordered to vacate will not be refunded any portion of prepaid rent. Damage & Loss Security will be fully refunded, subject to the terms of the Damage & Loss Security article of this Agreement.
c. Holdover. Any Renter who remains or attempts to remain in the rental unit or upon the premises after being requested to vacate shall be guilty of a misdemeanor of the second degree punishable in accordance with Florida law.
10. Discrimination. KCP will not consider race, creed, color, sex, physical disability, or national origin, in renting, admission, or removal from the rental premises.
11. Illegal Renter. If any person is illegally at the subject rental premises, KCPVR may call upon any law enforcement officer for assistance. If Renter is arrested, KCPVR shall employ all reasonable and proper means to care for any personal property which may be left at the rental premises by Renter; however, upon arrest, Renter shall be deemed to have given up any right of occupancy and to have abandoned such rights.
GENERAL TERMS
Lifeguard. There is no on-premises lifeguard. Renters using the swimming pool, hot tub, fishing pier, beach, and water do so at their own risk and shall exercise great care while complying with all posted rules. All children and elderly frail adults using these facilities shall be constantly supervised by a responsible adult who can swim.
Safety Devices. Renter is responsible for correctly operating and using all swimming pool, hot tub, fishing pier, beach, and water facilities and related safety devices, including but not limited to, rescue floats, fence gates, timers, and alarms.
Indemnity. Renter is responsible for and shall indemnify KCPVR and KCP, their employees, agents, officers and directors, the Unit Owner, and Owner’s agents, and hold them harmless from any and all claims, liability, demands, actions, causes of action, expenses, damages, losses or injuries sustained by any person including Renter, Renter’s family, agents, Renters or invitees as a result of or arising from Renter’s occupancy and tenancy, including, but in no way limited to claims arising from the use of the swimming pool, hot tub, fishing pier, beach, or water area, which are considered part of the rental premises. Renter shall also be liable and indemnify KCPVR, KCP, and Owner for attorney’s fees and court costs incurred by KCP and Owner in enforcing any of the terms, covenants, or conditions of this Agreement, or which are sustained by KCP or Owner because of or arising from or during Renter’s occupancy and tenancy.
Liability for Rental Property. KCPVR and KCP, their employees, agents, officers and directors, the Unit Owner and Owner’s agents, shall not be liable for any loss of or damage to any personal property in or on the premises, or stored in rooms or places provided to Renter in connection with this Agreement, whether arising from theft, vandalism, fire, water, rain, interruption of utilities, third party or external causes, or acts of God . Nor shall KCPVR and KCP, their employees, agents, officers and directors, the Unit Owner, and Owner’s agents, be liable to Renter, Renter’s family, Renters, or agents for failure to repair or maintain any part of the rental premises or property contained therein, absent gross negligence.
Premises Uninhabitable. In the event the premises become unavailable or uninhabitable for any reason, including but not limited to damage from wind, fire, rain, storm surge, or inadvertent double booking, KCPVR will make every effort to relocate Renter to comparable accommodations but if none are available, KCPVR shall be held harmless, and Renter shall accept 100% refund of all rent payments as their only remedy.
Construction Season. Construction work at KCP is allowed May 15 – Oct 31. During that time there may be construction noise from a unit or from work occurring on the buildings. KCPVR will endeavor to notify of the renter in advance if possible and/or move the renter to a less noisy unit if possible.
Assignment. Renter may not assign or transfer this Agreement or sub-let the rental premises or any portion thereof.
Governing Law/Venue. This Rental Agreement shall be governed, construed, and interpreted by, through and under the laws of the State of Florida. Any legal action shall be brought in Monroe County, Florida.
Legal Fees. Should it become necessary for KCPVR to employ legal counsel to enforce any condition herein, including reimbursement for damage or loss to the premises, Renter agrees to pay all collection costs, including attorney fees.
Video Monitoring. KCP Grounds are monitored 24/7.
Modification. Renter and KCPVR hereby certify that this document contains the entire rental agreement and that it shall not be modified, changed, altered, or amended in any way, except through written amendment executed by Renter and KCPVR.
