Sample Rental Agreement

This Agreement is entered into by Michael Rowen (“Owner”) residing at 522 Queen Street in Alexandria, VA 22314, and {Insert Guest Name} (“Guest”) for the sole purpose of Guest rental of Owner’s home and grounds located at 7 Black Duck Road in Hilton Head, SC 29928 (“Property”).   This Agreement is in addition to terms listed on a 3rd party website, if any, where Guest may have initiated this rental such as VRBO, Homeaway, Airbnb, Expedia or other website (herein called "Travel Website").  In the event of conflicting terms between this Agreement and any terms listed on Travel Website, the terms of this Agreement will prevail and supersede the terms listed on Travel Website. 

 

Guest Use Restrictions - Violations Result In Immediate Eviction With No Refund

  • Groups of students and/or young adults all under 30 years old strictly prohibited

  • Subletting or Reserving Property for Other People Strictly Prohibited - Guest agrees to stay in Property during entire rental period

  • Maximum occupancy is 20 persons - owner pre-approval required for more than 20 persons

  • Events prohibited without prior written consent of Owner - pre-approved events may incur a surcharge

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

  • No Pets, Service or Emotional Support Animals - ADA rules do not apply to private home rentals 

 

Cancellation requests must be requested in writing.  Refund, if any, is subject to the following rules:

  • 100% refund if Agreement is cancelled within 4 days of signing Agreement, or if Property is unavailable on arrival date due to a mandatory government order that prevents access to Hilton Head Island, a mandatory evacuation order issued by the Town of Hilton Head, County of Beaufort or State of South Carolina that requires evacuation of Hilton Head Island, or if Property is physically inaccessible or rendered uninhabitable by natural disaster, fire or vandalism.  Guest is advised to purchase travel insurance for deposit protection for all other reasons.  Pro rata refund will apply if impact is less than Guest's full stay.

  • $195 cancellation fee if cancelled 180 days or more before arrival

  • Cancellation fee is 10% of total contract cost if cancelled 121 to 180 days prior to arrival

  • Cancellation fee is 25% of total contract cost if cancelled 61 to 120 days prior to arrival

  • No refund for cancellations within 60 days of arrival date 

  • If cancelled dates are re-rented, Owner will refund any amount exceeding total contract cost when combining Guest cancellation fee and re-rental income

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

 

Guest Advised to Purchase Travel Insurance for deposit protection related to cancellation reasons other than those specifically listed above, including but not limited to medical issues, death, natural disaster and/or travel limitations affecting areas other than Hilton Head Island, visa or passport issues, or any other hardship that may impact Guest's ability to travel to or stay in Property.  Most travel insurance policies can be purchased until the final payment is made, while more comprehensive policies like Cancel For Any Reason (CFAR) policies typically must be purchased within a few days of entering Agreement.  Most Travel Websites and Owner's reservation system provider offer travel insurance options as a courtesy to Guest.  Owner does not endorse any particular travel insurance company or policy, nor does Owner earn a commission on travel insurance purchased via Owner's reservation system. 

Events Held In Our Home - Owner receives many requests to hold weddings, receptions, corporate retreats, parties and other types of events in our home.  If Guest intends to hold any type of event in Property, Guest must have the event pre-approved prior to signing this Agreement.  Any event held in Property that was not pre-approved will result in immediate eviction with no refund.  Some events may incur an additional surcharge may apply based on the nature and size of the event to be held.

$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 should repairs impact their stay requiring partial refund or cancellation.  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. 

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 departure date, 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, or any damage to Guest property from weather, theft, vandalism or vehicular accident.

Should Travel Website not 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 or charge-back from Travel Website.  Owner reserves the right to deny check-in on arrival date until direct payment is received.

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

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 de-activated during Guest stay. 

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, insects, microorganisms or viruses on the premises.  Under no circumstances shall Guest be entitled to recover consequential, incidental or punitive damages from Owner.  

Guest agrees his or her electronic signature on this Agreement is equivalent to a handwritten signature for the purposes of validity, enforce-ability and admissibility.  Owner agrees that by providing Agreement to Guest for signature that Owner is legally bound to the terms of Agreement.  Agreement can be amended by mutual agreement of Owner and Guest by typing their full names via email exchange and stating specific language to be added as an Agreement Addendum. 

Agreement is fully transferable to both Owner and Guest heirs and assigns, and 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 use the court systems of Beaufort County, South Carolina as the exclusive venue.

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Copyright 7 Black Duck Road, LLC 2017-2020
522 Queen Street, Alexandria VA  22314