Sample Rental Agreement

 

This Agreement is entered into by Michael Rowen (“Owner”) and the person initiating this reservation (“Guest”) for the sole purpose of Guest rental of Owner’s home in Hilton Head, SC (“Property”).   This Agreement is in addition to terms listed on VRBO.com, Homeaway.com or other travel website (herein called "Travel Website").  In the event of conflicting terms between this Agreement and terms listed on Travel Website, the terms of this Agreement will prevail and supersede terms listed on the Travel Website.   Rental pricing, fees and taxes listed on Travel Website are incorporated herein.  Agreement will be considered tentative until Guest electronically signs and provides a photo ID to Owner.

 

Payment Timing

  • Initial Deposit: A 25% deposit is required when making a reservation

  • Second Payment: The second 25% payment is payable via check and due 180 days prior to arrival

  • Final Payment: The final 50% payment is payable via check and due 60 days prior to arrival

  • 3% Credit Card Surcharge if credit card used for second and/or final payment

 

Guest Use Restrictions - Violations result in immediate eviction with no refund

  • Groups of students and young adults all under age 25 are strictly prohibited.

  • Weddings, receptions, parties or other events are prohibited from being held at the Property without prior written pre-approval from Owner.  Pre-approved events may incur a surcharge based on the nature, scope and size of eve d forfeit the remainder of their stay at Property with no monies returned.

  • No Smoking or Vaping of any substance allowed inside home - please smoke or vape outdoors.

  • No Pets, Service Animals or Emotional Support Animals allowed on or in Property.  Guest is advised that ADA rules do not apply to private home rentals.

  • Subletting or Reserving Property for Other People Strictly Prohibited - Guest agrees they will stay in Property during rental period.

 

Cancellation requests must be in writing, and any refund or credit is subject to the following rules:

  • 100% refund if cancelled within 4 days of signing this Agreement

  • Cancellation fee of 10% of contract cost if requested more than 180 days prior to arrival date

  • Cancellation fee of 50% of contract cost if requested between 61 and 180 days prior to arrival date 

  • No refunds if cancellation requested 60 days or less prior to arrival 

  • Cancellation fees do not include cancellation fees charged by Travel Website, if any

 

100% credit towards future stay if Property is not available for Guest use on arrival date due to (a) Hilton Head Island being subject to a natural disaster Mandatory Evacuation Order, or (b) pandemic related local, state or federal government order or travel restriction prevents Guest travel to Property

Guest Advised to Purchase Travel Insurance: Should Guest wish protection for cancellation reasons other than those listed above, including but not limited to medical issues, death, natural disaster impacting areas other than Hilton Head Island, travel issues unrelated to a pandemic or any other hardship that may impact Guest's ability to travel to or stay in Property.  

 

$1,000 Accidental Damage Waiver ("ADW") covers reported accidental damage to Property up to $1,000 and is refundable only if reservation is cancelled.  ADW does not cover intentional damage or vandalism of the property, in which case Guest will be fully responsible to reimburse Owner for repairs, including any loss of rents from subsequent guests.  If Travel Website collects a security deposit in lieu of ADW, then the cost to repair any damage will be collected from security deposit.  Guest is responsible to reimburse Owner for accidental damage exceeding the ADW $1,000 protection limit or Travel Website security deposit amount, and/or for 100% of any intentional damage caused by Guest, within 14 days of Owner providing Guest with receipts for such damage.

 

Guest Visitors - Guest assumes all responsibility for any and all persons visiting Property during the rental dates and agrees to inform such persons ("Guest Visitors") that: (a) pool or spa use can be dangerous, can result in injury or death and that they enter at their own risk, (b) spa is not intended for use by children, elderly persons or people with an existing illness or medical condition, and (c) no person should remain in spa for more than 15 minutes.   Guest assumes responsibility for ensuring proper supervision of pool and spa, particularly when children are present on the premises. 

 

General Terms:

  • Property has a security system that utilizes interior motion sensors and exterior cameras to protect Property from theft and vandalism when unoccupied.  Interior motion sensors are not activated during Guest stay. 

  • Agreement constitutes a temporary license to occupy property with no intention to create Tenant rights.  Owner's representatives reserve the right to access property to verify compliance with terms of Agreement and effect repairs to Property.  If Guest or persons staying with Guest do not vacate Property by 10am on {BDEP}, Guest will reimburse Owner twice the daily rate for the departure day and each subsequent date, plus any amount Owner refunds to subsequent guests whose reservation were impacted by the refusal to vacate Property on the departure date. 

  • Rental rate shall not be adjusted due to cleanliness or maintenance issues identified by Guest during their stay.  Should Guest discover issues during their stay, Guest must notify Owner, Owner's cleaner and/or Owner's property manager using phone numbers posted in Property kitchen.  Owner will address issues raised in a timely and professional manner with the goal of resolving most issues identified within 24-48 hours.

  • Owner is not responsible for events beyond Owner’s control, including but not limited to inclement weather, natural disasters, travel issues, construction noise on neighboring properties and debris from storms.

  • Should Travel Website refuse to or is unable to transfer Guest payments to Owner due to bankruptcy or other cash flow issue, Guest will be responsible to make payments direct to Owner and pursue a refund from Travel Website via credit card charge-back.

  • Property is treated monthly for insects as Hilton Head Island is heavily wooded with a large number of palmetto bugs, mosquitos, geckos, snakes, squirrels, raccoons, alligators, rodents and deer living on the island and in nearby beach dunes.  Guest is advised to keep doors & windows closed to prevent pests and wildlife from entering home.  Guest is advised to respect, maintain safe distance from and to not feed nor engage with local wildlife in any way.

  • Guest agrees to hold harmless and indemnify Owner against all loss, damage or expense arising from (a) any action of Guest or Guest Visitor which causes illness, injury or death to any person, (b) illness, injury or death related to Guest, Guest Visitor or Pool Guest use of pool, spa, stairs, decks, systems, furniture, appliances, landscaping or other aspect of the Property, (c) theft of items during Guest stay, and/or (c) the presence of hazardous materials, animals or insects on the premises.  Under no circumstances shall Guest be entitled to recover consequential, incidental or punitive damages from Owner.  

  • Guest agrees the electronic signature provided on this Agreement is equivalent to a handwritten signature for the purposes of validity, enforce-ability and admissibility.  This Agreement can be amended by mutual agreement of Owner and Guest by typing their full names via email exchange clearly agreeing to specific language to be included in any Agreement Addendum.

  • Agreement is fully transferable to both Owner and Guest heirs and assigns.

  • Agreement shall be governed solely by laws of the State of South Carolina. If any section, clause, paragraph or term of Agreement is held or determined to be void, invalid or unenforceable, for any reason, all other terms, clauses or paragraphs herein shall be severed and remain in force and effect.

  • Any and all disputes arising out of or related to this Agreement, regardless of form of action or theory (whether in contract, tort, charge-back via Travel Website, charge-back via bank payment method or otherwise), whether initiated by Owner, Guest, Guest Visitor or other party, shall be subject to binding arbitration conducted in accordance with American Arbitration Association (AAA) rules.  Exclusive venue for binding arbitration enforcement shall be Beaufort County, South Carolina. Costs of arbitration shall be apportioned by the arbitrator based on his/her sole opinion of amount of each party's fault in any dispute.

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