​PLUS+ VACATION RENTAL

PREMIUM RENTAL MANAGEMENT

TERMS AND CONDITIONS

These terms and conditions (the “Terms and Conditions”) govern the use of
http://plusvacationrentalstays.com/ (the “Site”). This Site is owned and operated by Plus Vacation Rental LLC. This Site is an ecommerce website.

By using this Site, you indicate that you have read and understand these Terms and Conditions and agree to abide by them at all times.

THESE TERMS AND CONDITIONS CONTAIN A DISPUTE RESOLUTION CLAUSE THAT IMPACTS YOUR RIGHTS ABOUT HOW TO RESOLVE DISPUTES. PLEASE READ IT CAREFULLY.

Intellectual Property
All content published and made available on our Site is the property of Plus Vacation Rental LLC and the Site’s creators. This includes, but is not limited to images, text, logos, documents, downloadable files and anything that contributes to the composition of our Site.

Age Restrictions
The minimum age to use our Site is 25 years old. By using this Site, users agree that they are over 25 years old. We do not assume any legal responsibility for false statements about age.

Accounts
When you create an account on our Site, you agree to the following:

  1. You are solely responsible for your account and the security and privacy of your account, including passwords or sensitive information attached to that account; and
  2. All personal information you provide to us through your account is up to date, accurate, and truthful and that you will update your personal information if it changes.

We reserve the right to suspend or terminate your account if you are using our Site illegally or if you violate these Terms and Conditions.

Sale of Services
These Terms and Conditions govern the sale of services available on our Site.

The following services are available on our Site:

– Short Term Rentals.
The services will be paid for in full when the services are ordered.
These Terms and Conditions apply to all the services that are displayed on our Site at the time you access it. All information, descriptions, or images that we provide about our services are as accurate as possible. However, we are not legally bound by such information, descriptions, or images as we cannot guarantee the accuracy of all services we provide. You agree to purchase services from our Site at your own risk.

We reserve the right to modify, reject or cancel your order whenever it becomes necessary. If we cancel your order and have already processed your payment, we will give you a refund equal to the amount you paid. You agree that it is your responsibility to monitor your payment instrument to verify receipt of any refund.

Payments
We accept the following payment methods on our Site:

-Credit Card; and

-Debit.

When you provide us with your payment information, you authorize our use of and access to the payment instrument you have chosen to use. By providing us with your payment information, you authorize us to charge the amount due to this payment instrument.

If we believe your payment has violated any law or these Terms and Conditions, we reserve the right to cancel or reverse your transaction.

1.Check-In: Check-in begins at 4:00 PM on arrival date. Instructions for accessing your property will be emailed to you  once we receive a signed Guest Confirmation Agreement from you and 3 days prior to check-in. 

2. Checkout Time: Checkout is no later than 11:00 AM on the departure date. Most of our properties (not all) are on a  keyless entry system. For properties that have keys, there will be a $150 charge for keys that are not returned. 

3. Payment: Plus Vacation Rentals LLC requires full payment (100% of the total) to hold reservations. The Reservation  Payment is payable immediately via credit card. If payment is not received immediately, the booking can be canceled  without notice. You may pay online by clicking the payment link. If funds are not available, the reservation can be  canceled under the cancellation terms indicated below. 

4. Guest gives permission to Safely Stay, Inc., to screen their identity, and check criminal databases in order to confirm  their reservation. Complete terms regarding Safely’s guest screening 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. 

5.Property Inspections: All problems, including inadequate cleaning and damage, must be reported in writing to Plus  Vacation Rentals LLC within 24 hours of check-in for prior guest to be held responsible. Plus Vacation Rentals LLC reserves the right to enter premises at any time for the purpose of effecting necessary inspections, repairs or  maintenance. 

6. Notification: It is Guest’s sole responsibility to inspect the Property upon arrival. In addition to inspecting the smoke  detectors, Guest agrees to inspect the entire Property to ensure that it is free of hazards, and properly equipped. Guest assumes the entire risk of injuries arising from use of the Property. Guest will ensure that the Property has a secure  shower or bath, and that the Guest takes reasonable measures to prevent slips in the bathroom, on staircases, steps, on  balconies, and throughout the Property. Guest agrees to take a higher degree of care in the use of the Property because  of the age of the structures on the Property. 

7. Occupancy: The maximum number of registered guests allowed in Plus Vacation Rentals LLC properties are as follows:  Studio apartment, 2 guests; 1-Bedroom apartment, 4 guests; 2-bedroom apartment, 6 guests; 3-bedroom apartment, 8 guests. Children over the age of 2 are counted. Overcrowding or misrepresentation is grounds for immediate revocation  of the license to the Property, and removal of Guest without refund. Only the number of people stated in the  reservation are allowed in the property. If more people than are stated in the reservation are present, a fee of  $50/person/day will be assessed; the credit card on file will be charged.  

Visitors are not permitted in the property without express written consent of Plus Vacation Rentals LLC, and permitting  that the total number of persons over the age of 2 does not exceed maximum allowed and that said visitors vacate the  property prior to 10 pm each day. The Guest is the person who will occupy the Property. Parents may not book  Properties for their children. The Guest must be present at the Property for the time of the reservation, and take full  responsibility for the Property. Small children are the sole responsibility of the Guest. Some Properties are generally  older, and not necessarily “child safe.” Children should not roam free on balconies; climb on furniture; hang out of  windows; or engage in other unsupervised activities. Some units are not fit for children under certain ages due to  expensive and/or delicate furnishings and balconies with wide openings on the guard rail. Use is at your own risk. Guest takes full responsibility for all lost or broken items, and any damages to the Property of any kind. 

8. Restrictions on Property Use: Guests are prohibited from engaging in any unlawful activity or any other activity that  constitutes a nuisance. Violation of this provision will result in immediate eviction without refund, and Guest will be held  liable for any damages to the Property, contents and grounds. Contractual Agreement with Owner requires Plus  Vacation Rentals LLC to only rent to legally and financially responsible persons over the age of 21. No parties are 

permitted in any property managed by Plus Vacation Rentals LLC. Violators will be removed from the Property  immediately without refund, and prosecuted for damages and losses.  

9. No pets shall be permitted on the property at any time, except in cases where the listing explicitly designates the  property as “Pets Allowed,” and only with the prior written consent of Plus Vacation Rentals LLC. Any violation of this  “no pets” provision shall constitute grounds for immediate removal from the property without any refund. In instances  where the property is designated as “Pets Allowed,” a daily pet fee shall apply. 

10. Smoking Prohibited: All properties are non-smoking properties and any form of smoking is prohibited inside the  properties. 

11. Personal Property Loss: Guests are solely responsible for personal property left in or about the Property. Plus  Vacation Rentals LLC shall not be held liable under any circumstances for any damages to, or loss of property, theft,  vandalism, or the use of or injury of any kind. If items are found in the unit following a guest departure, Plus Vacation  Rentals LLC will hold the items for 48 hours. If items are not claimed in that time, they will be donated or disposed of. If  guest requests items returned, they may either retrieve at the property or request that they are returned by shipping  service of Plus Vacation Rentals LLC choice. If they are retrieved from the property same day by 4 pm, there will be no  charge. If a Plus Vacation Rentals LLC employee must return to the property so that guest can retrieve the item, there  will be a $50 labor/service charge, and is subject to availability. If guest requests item be returned by shipping, there will  be a minimum handling charge of $100 for items weighing no more than 20lbs. Items over 20lbs will not be returned by  shipping. Additionally, guest is responsible for and will also pay for packaging and actual cost of shipping. The credit card on file will be charged. All local laws apply. If item requires special handling or packaging beyond a standard sized box  and bubble wrap, or what’s otherwise available at shipment store, it will not be shipped. If item is considered dangerous  or otherwise illegal it will not be returned. Plus Vacation Rentals LLC is not responsible for the condition of the item in  any way. 

12. Returned Checks: Guest will pay a $50.00 returned check fee on each check returned to Plus Vacation Rentals LLC by  Guest’s bank. 

13. Cancellations and Changes in Reservations: Cancellations must be made 60 or more days prior to scheduled arrival in  writing to receive a refund of your payment. If you are a “no-show,” you will forfeit the full amount of the reservation.  We do not give credit for early departures or for inclement weather. If a change in reservation is requested, Plus  Vacation Rentals LLC will make reasonable effort to accommodate the change, additional charges may apply. For  changes that result in different reservation dates, the new reservation start date must occur within a 90-day period.  Change requests made within 30 days of arrival that result in a shorter stay will not result in a refund of monies.  

14. Subletting and Assignment: Guest may not sublet, sublicense or otherwise grant any rights to the Property. Guest may not assign the agreement without Plus Vacation Rentals LLC prior written consent. 

15. Property Use: The Property may not be used for any activity in violation of local, state or federal laws, or Illinois  Insurance rules and regulations. 

16. Attorney’s Fees: If Plus Vacation Rentals LLC and/or Owner consults legal counsel or a professional collection service,  for collecting any amounts due to Plus Vacation Rentals LLC and/or Owner under this Agreement, Guest shall be  responsible for all costs of litigation and/or collection in case of such, including actual attorney’s fees. 

17. Limitations on Rental: Plus Vacation Rentals LLC and/or Owner will not be liable for circumstances beyond their  control, including but not limited to appliances or air-conditioning/heating failure, other mechanical failure, unfavorable  weather, disruption of utility services including cable television, Internet, streaming services, etc. There will be no  relocation, rental pro-ration or refund in the event of such circumstances. In the event Plus Vacation Rentals LLC is  unable to deliver the Property to Guest because of property sale, property owner decision, fire, mandatory evacuation,  eminent domain or Acts of Nature, or if the property is unavailable because of construction delays or lack of utilities,  Guest agrees that Plus Vacation Rentals LLC’s sole liability, as a result of any of these conditions, will be a full refund of 

all payments tendered by Guest. Guest and Plus Vacation Rentals LLC agree that in case of double booking or occupancy  by Owner, Guest will be ONLY entitled to a full refund of all monies previously tendered by Guest. If Plus Vacation  Rentals LLC is able to relocate Guest, Guest agrees to pay the difference in rental amount, should Guest accept alternate  accommodations. Guest expressly acknowledges that in no event will Plus Vacation Rentals LLC be held liable for any  other condition out of the control of Plus Vacation Rentals LLC or the Owner, or for any incidental or consequential  damages, including but not limited to, expenses that result from moving or for any other losses. 

18. Tenancy: The Guest acknowledges that this is NOT a tenancy for the Property. The Property will not be rented for  less than 2 days or more than 30 days, and is taxed and treated as a transient occupancy, akin to hotel accommodations.  Property laws do not apply to the license granted herein, and the Guest may be removed as a trespasser immediately  upon termination of this license. The Property is rented on regular short-term periods, and for a significantly higher rate  than a non-vacation rental. Often a Guest is scheduled to begin a vacation in the Property on the same day as the check out day of another prior Guest. If Guest stays even one additional day, Plus Vacation Rentals LLC would face significant  logistical problems with the next Guest, including possible liability. As such, Guest agrees to vacate immediately on the  check-out day, at 11:00 a.m. Failure to do so will entitle Plus Vacation Rentals LLC, in addition to all other remedies  available to it, to: have Guest ejected by law enforcement as trespasser; and to physically remove Guest and all of  Guest’s possessions from the Property, for which Guest hereby grants permission and consent; and obtain damages and  injunctive relief against Guest. 

19. Indemnification: Guest agrees to release and indemnify Plus Vacation Rentals LLC and Owner from and against all  liability should anyone be injured upon the premises during the term of occupancy, resulting from any cause  whatsoever, except in the case of personal injury caused by willful gross negligence on the part of the Owner or Plus  Vacation Rentals LLC. 

20. Owner Changes: Every effort is made to ensure all information on the web site and other documentation is accurate  and complete. However, Plus Vacation Rentals LLC is not liable for errors, omissions, mistakes, price changes and any  changes by the Owner in furnishings, equipment, bed arrangements and other accommodations. 

21. Construction: Plus Vacation Rentals LLC may not be held responsible for failure to disclose information regarding  construction outside the property boundaries. 

22. Parking: Under this agreement, Guest is responsible for parking in their assigned space (if available) and holds sole  responsibility for ensuring that they are parked appropriately. Plus Vacation Rentals LLC is not liable for any parking fines  incurred by Guest during their stay. Improper parking may result in towing at Guest expense. 

23. Relationship with Owners of Subject Property: It is hereby disclosed that Plus Vacation Rentals LLC has a contractual  relationship with the Owners as the Owners’ agent. This contractual relationship employs Plus Vacation Rentals LLC to  forward information to the Owner, act according to Owner’s directions and treat all parties honestly, fairly, and in good  faith. All rentals are subject to confirmation by Owner. Guest agrees that Plus Vacation Rentals LLC will not be liable for  damages caused by decision of the Owner. 

24. Effective Date: Not withstanding anything to the contrary, this Occupancy Agreement is binding and effective when  no signature is required, and Guest’s affirmative assent to the terms is expressed by Guest’s reservation of the unit. If  Guest desires to terminate this agreement due to lack of assent, he/she must do so within three days of the date the  reservation was made. 

25. Governing Law: The terms and conditions stated herein will be interpreted by and governed under the laws of the  State of Florida and any action arising out of this agreement shall be litigated in Collier County, State of Florida. 

26. Attorney’s Fees: In the event of any action or proceeding commenced by any party, the prevailing party in such  action or proceeding shall be entitled to recover from the other party all cost and expenses thereof, including actual  attorney’s fees and cost.

27. Invalid Provisions: If any provision of this Agreement is held to be illegal, invalid or unenforceable under present or  future laws effective during the term hereof, such provision shall be fully severable and this Agreement shall be  construed and enforced as if such illegal, invalid, or unenforceable provision had never comprised a part hereof; and the  remaining provisions hereof shall remain in full force and effect and shall not be affected by the illegal, invalid, or  unenforceable provision or by its severance hereof. Furthermore, in lieu of such illegal, invalid, or unenforceable  provision there shall be added automatically as a part of the Agreement a provision as similar in terms to such illegal,  invalid, or unenforceable provision as may be possible and still be legal, valid, or enforceable. 

28. Entire Agreement: This Agreement sets forth the entire understanding of the parties and supersedes all prior  agreements or understandings, whether written or oral, with respect to the subject matter hereof. No amendment or  modification hereto shall be binding unless made in writing and signed by the parties hereto. 

29. Waiver: The waiver by either party hereto of a breach of any term or provision of this Agreement shall not operate  or be construed as a waiver of a subsequent breach of same provision by any party or of the breach of any other term or  provisions of this Agreement. 

30. Release of Liability/Waiver.: Under the terms of this Guest Agreement, which is hereby acknowledged, the Guest hereby releases and forever discharges the Owner and Plus Vacation Rentals LLC for any injury or damages which occurs  to Guest or any of Guest’s invitees while Guest is renting the premises, including but not limited to, the injury or  damages caused through the use of the pool (if one is located on the property), dock or boat lift (if one is located on the  property), (hereinafter “Liability”). Under the terms of this Section, the Guest hereby releases and forever discharges  the Owner and Plus Vacation Rentals LLC, including their agents, employees, successors and assigns, and their respective  heirs, personal representatives, affiliates, successors and assigns, and any and all persons, firms or corporations liable or who might be claimed to be liable, whether or not herein named, none of whom admit any liability to the undersigned,  but all expressly deny liability for any and all claims, demands, damages, actions, causes of action or suits of any kind or  nature whatsoever, which now or may hereafter arise out of or in any way relate to any and all injuries and damages of  any and every kind, to both person and property, and also any and all injuries and damages that may develop in the  future, as a result of or in any way relating to the Liability. It is understood and agreed that this waiver is made and received in full and complete settlement and satisfaction of the causes of action, claims and demands mentioned herein, that this waiver contains the entire agreement between the Guest and the Owner and Plus Vacation Rentals LLC, and that the terms of this waiver are contractual and not merely a recital. This waiver shall be binding upon the Guest, and his/her respective heirs, executors, administrators, personal representatives, successors, and assigns.

Consumer Protection Law
Where any consumer protection legislation in your jurisdiction applies and cannot be excluded, these Terms and Conditions will not limit your legal rights and remedies under that legislation. These Terms and Conditions will be read subject to the mandatory provisions of that legislation. If there is a conflict between these Terms and Conditions and that legislation, the mandatory provisions of the legislation will apply.

Limitation of Liability
Plus Vacation Rental LLC and our directors, officers, agents, employees, subsidiaries, and affiliates will not be liable for any actions, claims, losses, damages, liabilities and expenses including legal fees from your use of the Site.

Indemnity
Except where prohibited by law, by using this Site you indemnify and hold harmless Plus Vacation Rental LLC and our directors, officers, agents, employees, subsidiaries, and affiliates from any actions, claims, losses, damages, liabilities and expenses including legal fees arising out of your use of our Site or your violation of these Terms and Conditions.

Applicable Law
These Terms and Conditions are governed by the laws of the State of Florida.

Dispute Resolution
Subject to any exceptions specified in these Terms and Conditions, if you and Plus Vacation Rental LLC are unable to resolve any dispute through informal discussion, then you and Plus Vacation Rental LLC agree to submit the issue first before a non-binding mediator and to an arbitrator in the event that mediation fails. The decision of the arbitrator will be final and binding. Any mediator or arbitrator must be a neutral party acceptable to both you and Plus Vacation Rental LLC. The costs of any mediation or arbitration will be shared equally between you and Plus Vacation Rental LLC.

Notwithstanding any other provision in these Terms and Conditions, you and Plus Vacation Rental LLC agree that you both retain the right to bring an action in small claims court and to bring an action for injunctive relief or intellectual property infringement.

Severability
If at any time any of the provisions set forth in these Terms and Conditions are found to be inconsistent or invalid under applicable laws, those provisions will be deemed void and will be removed from these Terms and Conditions. All other provisions will not be affected by the removal and the rest of these Terms and Conditions will still be considered valid.

Changes
These Terms and Conditions may be amended from time to time in order to maintain compliance with the law and to reflect any changes to the way we operate our Site and the way we expect users to behave on our Site. We will notify users by email of changes to these Terms and Conditions or post a notice on our Site.

Contact Details
Please contact us if you have any questions or concerns. Our contact details are as follows:

(800) 717-3034
mark@plusvacationrental.com
1083 N Collier Blvd, Unit 171, Marco Island, FL 34145

You can also contact us through the feedback form available on our Site.

Effective Date: 7th day of August, 2023