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Vacation Rental Beach House Guest Agreement

Mills Seaview Cottage Terms of Service


 Guest Confirmation Agreement

(Terms and Conditions)

 

In consideration of the monies received and the mutual promises contained herein, the owner (Taft & Glenda Mills) hereby agrees to give a license to use the Property to the undersigned, (herein referred to as Licensee), on the property and dates described in the confirmation letter and under the conditions stated herein.

Check-in: Check-in is no earlier than 3:00 PM Central Time on arrival date.

 

          No early arrivals allowed.

 

Checkout: Checkout is NO LATER than 10:00 AM Central Time on the departure date.


Reservation Deposit:

A Reservation Deposit of 50% of the fees plus insurance is required to hold an advance reservation if the reservation is made 30 or more days prior to arrival. The Reservation Deposit is payable immediately. The remaining balance is due 14 days prior to arrival.  100% of the fees are due immediately for reservations made within 30 days of arrival. 
If payment is not received immediately, the booking can be canceled without notice.

 

Security Deposit:

In lieu of a cash deposit, Owner uses a Damage Waiver Protection Policy. In addition, You hereby grant consent for Owner to charge your credit card in any amount of actual damages to the Property arising from your use of the Property, as well as for missing items, excessive clean-up, and, if necessary, the cost incurred in removing you from the Property above the amount covered by Damage Protection Policy. The house must be left in the exact condition that it was in when the Licensee arrived.  However, for Licensees under 25 an additional $1,500 security deposit is required which will be refunded provided there are no damages and there are no issues requiring owner involvement during your stay up to and including eviction.  This $1,500 security deposit applies to all Spring Break rentals regardless of age (from March 1st through mid-April).  Any refund of this deposit will be at Owner's discretion.  Security deposit may be charged to your credit card during or after the Licensee stay if it is determined that it would have applied had the Licensee not fraudulently misrepresented to Owner that they are 25 or older.

 

Property Inspections:

All problems, including inadequate cleaning and damage, must be reported in writing to Owner within 24 hours of check-in for prior guest to be held responsible. Prior damage will only be an issue for Licensee to the extent that the damages exceed damage insurance and was not reported.  Owner reserves the right to enter premises or have maintenance/cleaning staff enter premises at any time for the purpose of effecting necessary inspections, repairs or maintenance.  Inspections may occur without notice and may
include a head count and photo ID check.

 

Discount Codes:

Any discounts offered to guests predicated on a specific status of Licensee may be reversed if Licensee misprepresented status to Owner.  Licensee grants consent for Owner
to charge your credit card to recover the discount.

 

Notification:

It is Licensee's sole responsibility to inspect the Property upon arrival. Licensee agrees to inspect the entire Property to ensure that it is free of hazards, and properly equipped. Licensee assumes the entire risk of injuries arising from use of the Property. Licensee will ensure that the Property has a secure shower or bathtub mat, and that the Licensee takes reasonable measures to prevent slips in the bathroom, on staircases, steps, on balconies, and throughout the Property.


Occupancy:

The maximum number of occupants allowed in the Property is shown on your confirmation letter. Children over the age of 3 are counted. Overcrowding or misrepresentation is grounds for immediate revocation of the license to the Property, and removal of Licensee without refund. The Licensee is the person who will occupy the Property. Parents may not book Properties for their children. The Licensee must be present at the Property for the time of the reservation, and take full responsibility for the Property. Small children
are the responsibility of the Licensee. Children should not roam free on balconies; climb on furniture; hang out of windows; or engage in other unsupervised activities. Use is at your own risk. Licensee takes full responsibility for all lost or broken items, and any damages to the Property of any kind.


Restrictions on Property Use:

Licensees 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 licensee will be held liable for any damages to the Property, contents and grounds. Owner only rents to legally and financially responsible persons over the age of 25.
Exceptions may be made by Owner with additional stipulations.  Valid photo identification of licensee is required to finalize reservation.  No parties are permitted in this Property. Violators will be removed from the Property immediately, and prosecuted for damages and losses.

 

Pets:

Pets are allowed on the property with the prior written consent of Owner.  Violation of the 'written consent' stipulation is grounds for immediate removal without refund.  All pets must be treated for fleas and ticks within 7 days prior to arrival for the protection of all guests.

 

Smoking Prohibited:

This property is a nonsmoking property and any form of smoking is prohibited inside the property.

 

Personal Property Loss:

It is Licensee's sole responsibility to secure and protect personal property. Owner assumes no responsibility for Licensee's personal property.

 

Returned Checks:

Licensee will pay a $50.00 returned check fee on each check returned to Owner by Licensee's bank.

 

Cancellations and Changes in Reservations:

Cancellations must be made 60 or more days prior to scheduled arrival in writing to receive refund of your reservation deposit, less a $50.00 charge and non-refundable insurance fees. If a reservation is cancelled within 60 days of your scheduled arrival, you will forfeit your reservation deposit and fees paid. 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. You may choose to purchase travel insurance separately which may or may not reimburse you for fees not reimbursed by Owner, depending on circumstances.  If a change in reservation is requested, Owner will make reasonable effort to accommodate the
change, and assess the appropriate fee as stated above.

 

Subletting and Assignment:

Licensee may not sublet, sublicense or otherwise grant any rights to the Property. Licensee may not assign the agreement without Owner prior written consent.

 

Property Use:

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

 

Attorney's Fees:

If Owner consults legal counsel or a professional collection service, for collecting any amounts due to Owner under this Agreement. Licensee shall be responsible for all costs of litigation and/or collection in case of such, including actual attorney's fees.

 

Limitations on Rental:

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, etc. There will be no relocation, rental pro-ration or refund in the event of such circumstances. In the event Owner is
unable to deliver the Property to Licensee 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, Licensee agrees that Owner's sole liability, as a result of any of these conditions, will be a full refund of all payments tendered by Licensee. Licensee and Owner agree that in case of double booking or occupancy by Owner, Licensee will be ONLY entitled to a full refund of all monies previously
tendered by Licensee. If Owner is able to relocate Licensee, Licensee agrees to pay the difference in rental amount, should Licensee accept alternate accommodations. Licensee expressly acknowledges that in no event will Owner be held liable for any other condition out of the control of the Owner, or for any incidental or consequential damages, including but not limited to, expenses that result from moving or for any other losses.

 

Tenancy:

The Licensee acknowledges that this is NOT a tenancy for the Property. The Property is not rented for 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 Licensee 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 licensee is scheduled to begin a vacation in the
Property on the same day as the check-out day of another prior licensee. If Licensee stays even one additional day, Owner would face significant logistical problems with the next licensee, including possible liability. As such, Licensee agrees to vacate immediately on the check-out day, at designated time. Failure to do so will entitle Owner, in addition to all other remedies available to it, to: have Licensee ejected by law enforcement as trespasser; and to physically remove Licensee and all of Licensee's possessions from the
Property, for which Licensee hereby grants permission and consent; and obtain damages and injunctive relief against Licensee.

 

Eviction for Cause:

Licensee may be evicted for the following reasons. This is not an all inclusive list.  Other aggregious acts or violations may be grounds for eviction. 

1.  Police are called to the Property.

2.  Neighbors complain to Owner regarding Licensee and Licensee guests.

3.  Violation of neighborhood rules and covenants such as pool hours and parking on the street.

4.  Owner determines there are more people staying in the Property than authorized.

5.  Illegal acts taking place in or on the Property.

6.  Proof of age provided by Licensee to Owner is determined to be false and Licensee is under 25.

7.  Parties taking place at the Property.

8.  Violation of any other terms of this agreement

 

In the event of an eviction no refunds of any money or deposits paid will be refunded. 

 

Indemnification:

Licensee agrees to release and indemnify 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 Rent My Vacation Home, LLC.

 

Owner Changes:

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

 

Effective Date:

Not withstanding any thing to the contrary, this Occupancy Agreement is binding and effective when no signature is required, and Licensee's affirmative assent to the terms is expressed by Licensee's reservation of the unit. If Licensee desires to terminate this agreement due to lack of assent, he/she must do so with in three days of the date the
reservation was made.

 

Governing Law:

The terms and conditions stated herein will be interpreted by and governed under the laws of the State of Georgia and any action arising out of this agreement shall be litigated in the city of Atlanta, State of Georgia.

 

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.


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 it's 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.
 

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.

 

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.