BENCHMARK MANAGEMENT

CANCELLATION POLICY

A 60-day notice in writing is required for cancellation. Cancellations that are made more than 60 days prior to the arrival date will be assessed a full refund, less a $150 cancellation fee + Reservation Fee. Cancellations within 60 days of arrival will result in a 100% loss of all monies paid. This loss can be avoided if Red Sky Travel Insurance’s Trip Preserver travel insurance was purchased and the reason for cancellation is covered under the travel insurance policy. If you should have to cancel your reservation, please notify us immediately of any cancellation and if you purchased the Trip Preserver travel insurance, please go to www.trippreserver.com to begin your claim.

TRAVEL PROTECTION INSURANCE covers cancellation or interruption of your stay, travel delay, baggage delay, rental car damage, and emergency/medical expense. Benchmark Management does not require you to purchase travel protection insurance, but highly recommends it. To purchase travel insurance or to make a claim due to a cancellation, please call directly at 1-866-889-7409. The insurance premium, 7.75% of the total, is non- refundable and non-transferable.

IMPORTANT TO NOTE

- All rentals require state and county tax plus additional required fees
- Must be 25 or older to rent
- If applicable, properties with private pools can be heated for an additional fee per day
- If applicable, all pet friendly properties will have an additional, non-refundable pet fee should you bring a pet 

Please be advised that as a result of occasional tropical storms, hurricanes, ocean currents, and other naturally occurring phenomena, beach conditions and erosion might be an issue in some areas.  Further, specific beach accesses may become unusable from time to time until county authorities, owner associations, and private owners are able to make necessary repairs.  If you would like more information regarding the beach where you are staying, please feel free to contact us.

Benchmark Management Rental Agreement

1. CHECK-IN TIME IS AFTER 4 P.M. CST AND CHECKOUT IS 10 A.M. CST. NO EARLY CHECK-IN OR LATE CHECKOUT IS PERMITTED. A $150 rent charge will be assessed if you do not check-in/out promptly and appropriately. During peak season, unavoidable delays may occur and there is a possibility your vacation rental may not be ready by 5:00 p.m. (CST). Your patience will be appreciated.

2. NO SMOKING OR VAPING - This is a NON SMOKING OR VAPING unit. If the property has been found to be smoked or vaped in, a $500.00 fee will be assessed. If you choose to smoke or vape outside, all cigarette / cigar butts and other debris must be removed from the property. If butts or other debris from smoking or vaping are found on or around property, an additional $500.00 fee will be assessed and charged to your credit card on file.

3. NO PETS – No pets, including small dogs, are permitted in the rental home unless agreed upon with Benchmark at time of booking. If dogs are permitted, a mandatory, non-refundable pet fee will be charged. When dogs are allowed, only a maximum of 2 dogs is allowed at a maximum of 30 lbs. Non-compliance of these rules and regulations will result in immediate eviction with no return of any and all payments made. Should your pet cause any damage at the property, you will be responsible for all costs to repair and/or replace the damaged item, and you agree that your credit card on file may be charged for the full amount of such costs. Any evidence of a dog or other animal at the property may result in additional charges to your credit card on file.

4. AGE REQUIREMENT - No reservations will be made to anyone under the age of twenty-five (25). One (1) guardian is required for every four (4) people under the age of twenty-five. Guardians must accompany their children under the age of twenty-five (25) at all times and be present at the time of check-in. Underage drinking and/or partying is not allowed in any of the rental units. Non-compliance with these rules and regulations will result in immediate eviction with no return of any payments made. If your stay is during spring break season, Benchmark may require you to complete and sign an additional Spring Break Rental Policy.

BOOKING FEE – This industry-standard, market-driven fee is added to each reservation for the processing of your reservation. This fee is non-refundable and contributes to maintaining excellence in every aspect of your reservation experience.

6. ADVANCE PAYMENT -- Upon booking, an advance payment of 50% of the rent plus all applicable fees and taxes are required. Accepted payment methods in most cases are check, VISA, Master Card, AMEX, and Discover. In the event of cancellation, refunds (if any) must be obtained from Red Sky Travel Insurance/Trip Preserver and are subject to their policies and conditions. To protect against the loss of your rental payments, travel insurance is strongly recommended.

7. TRAVEL INSURANCE -- In the event of cancellation, refunds must be obtained from Red Sky Travel Insurance/Trip Preserver and are subject to their policies and conditions. To protect against the loss of your rental payments, travel insurance is strongly recommended.

8. FINAL PAYMENT - The final balance of all amounts owed is due 30 days before your arrival date. Final payment must be made by check, or credit card (Visa, Master Card, AMEX, and Discover). For your convenience, thirty (30) days prior to your arrival, your balance will automatically be charged to the credit card we have on file. If you are booking within 30 days of the arrival date, only credit card will be accepted.

9. CHANGES TO YOUR RESERVATION - There are no penalties for changing your reservation outside of 60 days prior to arrival, but you will be responsible for any applicable increase in rent or other booking charges. Any changes made to a reservation within 60 days of arrival will be treated as a cancellation, and no refunds will be given by Benchmark.

10. DAMAGE WAIVER – Upon booking you agree to pay the mandatory, non-refundable accidental damage waiver to Benchmark. This covers you for any ACCIDENTAL damage during your stay to the property, its furniture and furnishings up to $600/$1,200/$1,600. Intentional damage, damage due to reckless or inappropriate behavior or accidental damage in excess of $600/$1,200/$1,600 shall be your responsibility and you hereby authorize Benchmark to charge your credit card on file for all such damages. In the event you damage the rental unit or any of its contents, you must notify Benchmark immediately.  This accidental damage waiver only applies if you notify Benchmark of such damage prior to your check-out. 

11. INCLEMENT WEATHER – While we hope you have perfect weather during your vacation, this is not always the case. No refunds or other compensation will be given should you experience inclement weather. Unfortunately, the gulf coast is susceptible to hurricanes and flooding during certain times of the year, and frequently tropical storm, hurricane and storm surge watches and warnings are put in place for the specific area/zone in which the property is located. In the event such a watch or warning is put in place, we will monitor the situation closely, but we will not provide any refunds or other compensation if you decide to depart early or check in late. In the event that a MANDATORY EVACUATION ORDER is implemented for the specific zone of the county in which the property is located, we will require that you evacuate in accordance with the order, and we will provide an equitable refund for the number of days of your stay that were missed as a result of such evacuation order if no such refund is paid to you from travel insurance.

12. MAXIMUM OCCUPANCY – The maximum number of guests for this property for casual visits is limited to two times the listed number of people the property will sleep. Exceeding the maximum occupancy will result in immediate eviction and forfeiture of all money paid.

13. MINIMUM STAY – Longer minimum stays may be required during peak seasons or holiday periods. If you check out earlier than the scheduled departure date, no refund or credit will be given for such early departure.

14. INCLUSIVE FEES – Rates include a one-time, initial setup including: sheets, towels, paper towels, toilet paper, can liner and small bathroom amenities. Additional paper products, toiletries and can liners (trash bags) must be purchased by the guest.

15. NO DAILY MAID SERVICE – While linens and bath towels are included in the unit, daily maid service is not included in the rental rate. Please bring your own beach towels, as linens and towels provided are not to be removed from the property.

16. CLEANING FEE – A cleaning fee will be added to all reservations, regardless of the number of nights booked. The fee will vary depending on the size of the property. This is applied for cleaning and laundry services upon departure. To avoid an extra cleaning charge: (a) wash the dishes or leave them in the dishwasher and start the cleaning cycle upon departure, (b) leave the property in a neat and orderly condition, and (c) place all garbage in the trash bins outside. A $75 garbage removal fee will be assessed if garbage is not removed from the inside of the property at time of check-out.

17. ASSESSMENTS – If any keys or entry devices are lost, taken or misplaced, a fee, up to $225 per item lost, will be assessed and charged to your credit card on file. This includes but is not limited to door keys, pool passes, HOA/community association required wristbands, electronic fob keys, community amenity passes and garage door openers.

18. NEIGHBORHOOD RULES/HOA – Most homes located in residential neighborhoods are controlled by an Owner Association. These associations have very strict rules that must be respected. Most violations warrant a fine that you will be responsible for paying. Many rental properties prohibit the on-site parking of recreational vehicles, trailers, personal watercraft (boats, jet skis, etc.) and/or restrict the number of motorized vehicles per rental unit (including golf carts). All such prohibited vehicles and trailers must be removed immediately upon request by Benchmark, security personnel or representatives of the community association.

19. INTERNET SERVICE- Most of our properties have internet access. We do not, however, guarantee internet connectivity due to service being provided by an outside vendor, restrictions from personal computers, or other factors that may lead to interruption of internet service. In the event the internet service is inoperable, we will do our best to troubleshoot over the phone, but if further assistance is needed the guest will be responsible for contacting the internet provider in the event of an outage. NO REFUNDS WILL BE GIVEN DUE TO THE LOSS OR ANY INTERRUPTION OF INTERNET SERVICE.

20. UTILITIES – No compensation will be given for temporary outage of electricity, gas, water, cable/Satellite TV service, telephone service, heated pools or internet service. Outages should be reported immediately and all efforts will be made to have them restored as soon as possible. The operation and maintenance of these utilities is out of the control of Benchmark.

21. MAIL AND PACKAGE DELIVERY – You should not mail or ship any items to the property for receipt during your stay. Third party vendors such as Amazon, or carriers such as FedEx or UPS are frequently unable to make deliveries to the property at the exact time of your stay. Should you need an item shipped to you during your stay, we strongly recommend that you make arrangements to have your items shipped to The UPS Store located at 174 Watercolor Way Ste 103, Santa Rosa Beach, FL 32459. If you need assistance with these arrangements, you can call them directly at (850) 231-3505. Benchmark undertakes no responsibility to find, recover, track or return any item you have attempted to ship or mail to the property.

22. CONSTRUCTION- Benchmark cannot predict construction plans in the area and therefore cannot be held responsible for any inconvenience. No refunds will be given in the event of nearby construction.

23. OWNER CAMERAS. The property owner may install security cameras outside of the home in order to protect their home from crime or other wrongdoing. By signing this rental agreement, you acknowledge that the property owner may have installed security cameras outside of the home.

24. NOISE ORDINANCE – Quiet time for all properties is 10:00 P.M. until 7:00 A.M., in conjunction with Florida county ordinances. Please be considerate of your neighbors. Radios, stereos, and all other musical or entertainment devices must be played in compliance with the decibel level. The decibel levels cannot exceed fifty (50) decibels between the hours of 10:00 P.M. and 7:00 A.M. outdoors. Music played inside may not be heard outside of the property with the doors and windows closed. At 10:00 P.M., all visitors not staying at the property need to depart from the premises.

25. WEDDINGS / EVENTS – All weddings and/or events must be pre-approved in writing by Benchmark. A minimum $500 event fee may be assessed for any weddings or events. All events must meet local restrictions and regulations, Owner Association rules and follow noise restrictions. You are responsible to obtain and pay for any permits necessary for beach events, weddings or other large gatherings. Non-compliance with these rules and regulations may result in immediate eviction with no return of any payments made.

26. POOL POLICY – Diving or jumping into any pool or hot tub may result in head, neck, or spinal injuries. You accept all risk of the pool or hot tub and specifically agree that no minor will swim unaccompanied by an adult. Community or condominium pools or hot tubs are not controlled or maintained by Benchmark, and Benchmark cannot be held responsible for any inconvenience resulting from such pools or hot tubs becoming unavailable. Pools and hot tubs have electrical/mechanical components. These components can sometimes malfunction. Benchmark, its vendors, and the property owner cannot be held responsible for any malfunctioning pool or hot tub. Please inform us as soon as possible if your pool or hot tub is not working properly. Benchmark will take all reasonable steps to rectify any problems with malfunctioning equipment as quickly as possible, however, no compensation or refund will be given for a malfunctioning pool or pool heater.

LIABILITY WAIVER:

a. THE PROPERTY OWNER, BENCHMARK AND ITS AND THEIR RESPECTIVE OFFICERS, AGENTS AND EMPLOYEES ARE NOT LIABLE FOR LOSS, DAMAGE OF PROPERTY, OR INJURY TO YOU, YOUR PROPERTY OR TO ANY OF YOUR INVITEES DURING YOUR STAY ON THE PREMISES.

b. YOU HEREBY RELEASE, WAIVE, DISCHARGE AND COVENANT NOT TO SUE THE PROPERTY OWNER, BENCHMARK AND ITS AND THEIR RESPECTIVE OFFICERS, AGENTS AND EMPLOYEES FOR ANY LIABILITY, CLAIM AND OR CAUSE OF ACTION ARISING OUT OF OR RELATED TO ANY LOSS, DAMAGE OR INJURY, INCLUDING DEATH, THAT MAY BE SUSTAINED BY YOU OR ANY OF YOUR INVITEES OR TO ANY PROPERTY BELONGING TO YOUR OR ANY OF YOUR INVITEES ARISING OUT OF USE OF THE PROPERTY.

c. INDEMNIFICATION: YOU AND EACH OF YOUR INVITEES AGREE TO INDEMNIFY AND HOLD HARMLESS BENCHMARK AND ITS OFFICERS, AGENTS AND EMPLOYEES, FROM AND AGAINST ALL CLAIMS, SUITS, DAMAGES, COSTS, LOSSES AND EXPENSES ARISING FROM INJURY TO ANY PERSON OR PROPERTY OCCURRING ON OR ABOUT THE PROPERTY.

COVID-19 LIABILITY WAIVER AND ASSUMPTION OF RISK

The novel coronavirus, COVID-19, has been declared a worldwide pandemic by the World Health Organization and the Centers for Disease Control (CDC). COVID-19 is extremely contagious and is believed to spread mainly from person to person contact, as well as through surface contact. As a result, federal, state, and local governments and health agencies recommend social distancing and have, in many locations, prohibited the congregation of groups of people.

Neither the property owner, Benchmark, nor the Owner Association can guarantee that you, your family and/or guests will not become infected with COVID-19 while using the property or community amenities related to the property.  You acknowledge that property owner’s, Benchmark’s, and the Owner Association’s respective liability insurance may not provide coverage for contracting an infectious disease. You also acknowledge the contagious nature of COVID-19 and voluntarily assume the risk that you and/or members of your party may be exposed to or infected by COVID-19 while using the property or the community amenities related to the property and that such exposure or infection may result in personal injury, illness, permanent disability, and death.

YOU AGREE TO ASSUME ALL OF THE FOREGOING RISKS AND ACCEPT SOLE RESPONSIBILITY FOR ANY INJURY TO YOURSELF, MEMBERS OF YOUR PARTY AND GUESTS (INCLUDING, BUT NOT LIMITED TO, PERSONAL INJURY, DISABILITY, AND DEATH), ILLNESS, DAMAGE, LOSS, CLAIM, LIABILITY, OR EXPENSE, OF ANY KIND THAT YOU OR THEY MAY EXPERIENCE OR INCUR IN CONNECTION WITH USE OF THE PROPERTY OR COMMUNITY AMENITIES RELATED TO THE PROPERTY.

You hereby release and covenant not to sue, discharge, and agree to defend and hold harmless the property owner, Benchmark and Owners Association of and from all claims, including all liabilities, claims, actions, damages, costs or expenses of any kind including reasonable attorney’s fees and court costs, arising out of or relating to the contraction of COVID-19.   You understand and agree that this release includes any claims based on the actions, omissions, or negligence of property owner, Benchmark and Owners Association and any of their respective employees, directors, officers' agents and representatives.

You acknowledge that your contractual assumption of the risk as set forth above, for yourself and on behalf of all of your family members and guests who will use the property and community amenities related to the property, is a specific condition precedent to (i) the property owner and Benchmark agreeing to lease the property to you, and (ii) Owner Association agreeing to make its recreational amenities open for the use by you, your family members and guests. You acknowledge this is a specifically negotiated term and that the monetary amount of this agreement and the status of the recreational amenities as being open for your use is specifically based upon the inclusion of this term. 

27. SERVICE AND MAINTENANCE CALLS – You are staying in a privately owned home or condominium and as such, maintenance issues can arise. While issues are unfortunate, they are a reality when dealing with any form of real estate. While we apologize for any inconvenience of a mechanical failure or utility outage, we will not offer any discount or refund should such events occur. However, if an issue is reported and Benchmark determines the issue is the fault of the guest, the guest may be held liable for the cost of repair, service, parts and/or labor. We monitor our email and telephone line at all times and have individuals on call after normal business hours; however, during periods of high occupancy, there can be delays in getting someone to the property or getting a confirmation return call. We must schedule maintenance calls based on the level of severity of each and every issue.

28. SIGHT UNSEEN – While every effort is made to ensure the accuracy of all advertisements and rental property listings for the property, you understand that the property is in “as is” condition and that Benchmark is under no obligation to make any changes to the property upon your arrival and physical viewing of the property. You agree to take the property in its “as is” condition and assume all responsibility with regard to the condition of the property. Each vacation property is individually owned and furnished to its owner’s taste and preference. Benchmark will not give refunds or other accommodations if the property does not meet the guests’ preferences or expectations or match exactly any advertising photos of the property. No two properties are the same. Amenities, inventories, housewares, decorations, furniture and furnishings are subject to change without notice.

29. FALSIFIED RESERVATIONS - Any reservation obtained under false pretense will be subject to forfeiture of advance payment, deposit and/or rental money and will result in immediate eviction.

30. ENTRY BY BENCHMARK – Benchmark personnel may enter the property at any time for any reason. Common reasons for entrance can include but are not limited to: emergencies, to make repairs, general maintenance, and to accompany a service call. We will attempt to give you prior notice of our intent to enter except in cases of emergency or complaint.

31. COMMUNICATION - Benchmark may communicate with you by mail, email, telephone, mobile device application or text message. By providing your cell phone number to Benchmark you authorize communication by text/SMS and agree that you shall be solely responsible for any data or other carrier fees or charge that may be incurred.

32. ACCOMMODATION - We will reserve for you the specific unit selected at the time of your reservation upon the receipt of your deposit and signed agreement. Subject to availability for maintenance, owner usage, or other issues that may render the accommodations unsuitable or unavailable for rental, and/or subject to the property remaining as a Benchmark property accommodation at the time of the stay, you will be placed in the specific unit set forth in your agreement, or otherwise provided with a full refund of amounts actually paid to Benchmark or an opportunity to stay in an equivalently priced accommodation if available. Notwithstanding Benchmark’s efforts, if the specific unit reserved is unavailable for any reason, you will be limited to a full refund or similar accommodation at your election and not entitled to any additional compensation. In no event will Benchmark be responsible for any direct or indirect costs, expenses, fees or other incidental or consequential damages resulting from the unavailability of a specific accommodation.

By making the initial payment for this reservation, I agree to all terms and conditions of this agreement and rental details provided herewith. Non-compliance with these rules and regulations may result in immediate eviction with no return of any and all payments made.

BIKE AND EQUIPMENT WAIVER

I agree and hereby release Benchmark Management, LLC and its third party vendors, including but not limited to Vacayzen (collectively “Supplier”) from any and all responsibility of liability for injuries or damages to the user of the rented/leased equipment or to any person who uses equipment supplied by Supplier. I agree not to make a claim against or any Supplier for injuries or damages related to bicycling or use of this equipment. I hereby agree and knowingly, intelligently and voluntarily agree to accept and assume all the risks existing in this activity. My participation in this activity is purely voluntary, and I elect to participate in same despite the risks.

Further, I hereby agree to defend, protect, indemnify and hold harmless each Suppler from, all claims, actions, proceedings, costs, damages, and liabilities, including reasonable attorney’s fees and costs, arising out of, in any way connected with, or resulting from my participation in this activity or my use of the rented/leased equipment, including without limitation the possession, use, operation, or return of the equipment, and any such claims which allege negligent acts or omissions on the part of any Supplier.

I understand that the equipment, at all times, remains the exclusive property of Supplier. I acknowledge and agree that I am responsible for damage to, or loss of, the equipment. If any of the equipment is lost, destroyed or damaged beyond repair in the judgment of Supplier, I hereby agree to pay Supplier the value of the bicycle and/or said leased equipment. All repairs needed as a result of the use of the equipment will be performed at the normal rate. Rates and costs of such repairs, including all parts, shall be paid at the time of the return of the equipment.