The Beach Escape-Destin Sample Agreement

-- This is a sample of our renter agreement. After booking, we will send this to you with a link you can use to sign it electronically online. Your booking/guest information will already be filled in. You must sign this agreement in order to access the property. --

 

Thank you for choosing our home as a part of your trip!  This Renter Agreement ("Agreement") establishes all terms and conditions for the rental of our home. It is made and effective ("Agreement Date") between ("Owner and/or Manager") and ("Guest") regarding the property known as ("Rental Property") which is located at:

 

Property Address

 

This Agreement applies to the Guest's stay at Rental Property from ___ to ___ but also applies to any other dates which may be included if the reservation is changed.

This Agreement applies to all members of the Guest's party no matter the age or affiliation ('Group').  The Guest acknowledges that the Guest is responsible for sharing this Agreement, and its requirements, with all members of the Guest's party and anyone else permitted onto the Rental Property by the Guest.

Once you have electronically accepted the Agreement, a copy will be emailed to you for your records. 

 

BOOKING REQUIREMENTS - Initials:

To reserve you must be twenty-five (25) years of age or older.

All reservations, including ones from Airbnb and VRBO, require signing this Agreement AND completing our identity verification via the secure Superhog link within 48 hours of booking your reservation. If the check-in date is within 48 hours of booking, then the Agreement and Superhog verification must be completed on the day of the booking. If these items are not completed per these guidelines, then your reservation will be automatically cancelled, and a refund will be issued minus the 3% credit card processing fee and/or possible fees from Airbnb or VRBO.

Superhog identity verification is for the sole purpose of preventing identity theft, credit card fraud, and fraudulent bookings which protects the Owner and the Guest.

The Owner does not accept 3rd party bookings. The Guest booking the reservation must also stay at the home for the entire reservation. You cannot book the reservation for a different person. 

Parties or loud or large gatherings are not allowed at any time.

All information provided to the Owner must be accurate and truthful. By providing the Owner with the wrong information pertaining to who you are or the type of group you are, gives the Owner the right to make null & void your reservation without refund.

 

PAYMENTS - Initials:

Reservation made by direct booking at www.theescapesbydave.com:  To book, your initial payment of 50% is due.  The full balance of your stay is due 30 days prior to your arrival. If payment is not received within 7 days of final payment request, then this failure to pay will be treated as a cancellation of your reservation by you, and prior payments will not be refunded. Reservations made less than 30 days prior to check-in date require payment in full at the time of booking. The Owner is authorized to charge the balance of the total charges on the credit card on file 30 days prior to the Guest’s arrival date.

Reservation made via Airbnb/VRBO:  Payment will be fulfilled based on the conditions of the respective booking platform. 

 

SECURITY DEPOSIT - Initials:

The Guest agrees the credit card provided for reservation payment may be used as a form of security by the Owner for any fines, fees, or additional services due to Guest neglect, misuse, or damage. A credit card hold in the amount of $500 will be placed on the card 3 days prior to check-in.  The hold will be released within 7 days after Guest check-out if the Rental Property is left in clean, undamaged condition. If there is damage/excessive soiling over and above the security deposit amount, the Guest authorizes the Owner to charge the Guest's credit card on file.

If the security deposit hold fails, then the Guest will not receive their unique door code, and the reservation will be cancelled without refund.

 

TRAVEL INSURANCE - Initials:

It is strongly encouraged that the Guest purchases travel insurance to cover unforeseen or unexpected circumstances that may occur before or during your reservation. The Owner does not provide travel insurance; however, we do provide a 3rd party insurance option from InsureStays via RentalGuardian.com that is available for purchase at the time of booking on our direct booking website.

If the Guest has purchased travel insurance, any or all trip reimbursement will be subject to the insurance policy terms and conditions.

 

CANCELLATION - Initials:

Any Guest choosing not to purchase travel insurance may only cancel 30 days prior to their scheduled arrival date to receive a refund of their initial payment minus a 3% credit card processing fee. Guests cancelling inside 30 days from their scheduled arrival date are not eligible for a refund.  Monies paid are non-transferable to another date. 

If the Owner is unable to deliver the Rental Property to the Guest, the Guest agrees that the sole liability of the Owner is the full refund of all monies previously paid by the Guest pursuant to this Agreement.  

 

NO SHOW/EARLY DEPARTURE/INCLEMENT WEATHER POLICY - Initials:

No refunds or rebates will be offered in the event the Guest is unable to arrive or depart on time or if the Guest chooses or is required to depart early for any reason, including but not limited to: acts of God, acts of nature (i.e. snow/ice/rain/hurricane/tropical storm, illness, communicable disease, pandemic, etc.), acts of war or government agencies, road maintenance, fire, strikes, inclement weather, gas shortages, power outages, water outages, construction and/or neighbor noise, or for any reason whatsoever outside the Owner’s direct control, even in the event of a mandatory evacuation.

The Owner strongly recommends purchasing travel insurance to protect the Guest against loss of payment from any unforeseen conditions that may lead to trip cancellations, delays, or inability to access or depart from the Rental Property.  

 

ACCIDENTAL DAMAGE POLICY - Initials:

An accidental damage protection policy is automatically included with your reservation for any accidents, subject to exclusions and limitations, that occur to the Rental Property during your rental period. The policy covers accidental damage up to $5,000. This coverage is mandatory and non-refundable. 

Please contact us immediately if accidental damage occurs in order for the accidental damage protection to apply. Intentional or unreported damage of any amount is not covered under the accidental damage protection policy and will result in the credit card on file being charged for the full amount of the damages at replacement cost.

Any accidental damage exceeding the accidental damage protection policy amount will be charged to the credit card on file. Failure to provide compensation for your damages will result in legal action against you.

In cases of abuse and malicious damage to the Rental Property, the Guest will reimburse the Owner the amount of all damages including possible attorney’s fees.

 

MAXIMUM NUMBER OF OCCUPANTS

The maximum occupancy for overnight guests is ten (10) people including children. The Guest is required to report the correct total of overnight guests, including children, on the reservation. Violation of this policy will result in immediate eviction and no refund for any payments and forfeiture of security deposit.

 

NO PETS - Initials:

This home does not allow pets. If the Guest brings a pet, then a fee of $500 will be charged to the Guest, and they will have to vacate the premises without refund.

 

PARKING

Driveway parking at the Rental Property is available and can accommodate three (3) standard-sized vehicles. Do not park at any neighboring properties or block the road. Do not park in the yard.

 

CHECK-IN AND CHECK-OUT POLICY - Initials:

Check-in is after 4:00 PM

Directions to the home, your unique door code, and digital house manual will be emailed to the Guest two (2) days in advance of the Guest's check-in only if the Owner has received the fully signed Agreement, identity verification via Superhog, and security deposit hold.

Check-out is by 10:00 AM

Late check-outs are not allowed. By signing this Agreement, the Guest is authorizing the Owner to charge their credit card one full night’s rental for an unauthorized checkout later than 10:00 AM.  Check-out time is strictly enforced so that the Owner has adequate time to prepare the Rental Property for the next scheduled guests. 

 

CHECK-OUT INSTRUCTIONS - Initials:

To ensure return of the security deposit, the Guest and their Group agree to follow check-out procedures and understand the Rental Property must be left tidy and undamaged.  The Guest understands that failure to follow check-out procedures may result in loss of the security deposit and/or additional fees. The Owner reserves the right to further charge guest for additional cleaning or repairs.

On the day of your departure, please complete the following:

 

GARBAGE CONTROL POLICY

Trash pickup is on Tuesdays and Fridays. All garbage must be bagged, tied, and placed in the outdoor trash bin located behind the gate near the driveway. A trash service will pull the bins to the street prior to trash pickup and return them behind the gate after pickup. Once the trash bins are on the street, do not overfill the trash bins or leave any trash outside of the bins. Otherwise, the City of Destin will charge a fine. The Guest will be responsible for any trash-related fines incurred during their reservation.

 

POOL/HOT TUB - Initials:

The pool and hot tub are cleaned twice a week, typically on Tuesdays and Saturdays. The pool techs will let themselves into the pool area via the back gate and take about 30 minutes to service the pool. Please allow them to treat the pool to ensure the safety of the water. A pool skimmer net will be available at the Rental Property for Guest use. In the event of a storm prior to arrival or during your stay, we will do our best to attend to the pool in a timely manner; however, there is no guarantee on rescheduling pool cleans. 

The pool equipment must be operated by the Owner or by the pool company. The Guest or their Group should not tamper with pool equipment including adjusting valves, pool timers, or pool temperatures. Any Guest found to have tampered with pool equipment will be charged $500 for a pool tech visit and repair, and adjustment of chemicals.

 

The hot tub jets and temperature can be controlled by the Guest. Instructions are located in the digital house manual. If the hot tub heat is on, the heating for the pool is automatically paused. Hot tub must be turned off and switched back to pool mode when not in use to ensure pool heating and chemical balancing resumes. The hot tub is able to be heated year-round unless the outdoor temperature approaches freezing.

 

Pool heat is offered year-round; however, pools cannot be heated if the temperature is below fifty-two (52) degrees or above eighty (80) degrees. While we make every effort to ensure that the pool is heated to a comfortable temperature, there may be circumstances beyond our control that prevent this from happening. We regret to inform you that no refunds will be given for pool heating issues.

There is no lifeguard on duty. No diving is allowed. The Guest understands that swimming is an inherently dangerous activity, which can result in illness, paralysis, serious bodily injury, or death. The Guest and their Group further understands that all guests being permitted to use the pool at the Rental Property are aware they are swimming and using the hot tub at their own risk.  All minors must be supervised at all times by a responsible, sober adult.

The Guest and their Group do hereby release and forever discharge the Owner of said Rental Property from and against any and all liability or responsibility for claims, damages, causes of action, or other suits, whether based in law or equity, or in tort or contract for any illness, bodily injury, personal injury, death or as a result of the use of the pool on the premises.

More pool and hot tub safety protocols are in our digital house manual.

 

POOL ALARMS - Initials:

There are safety alarms on the doors leading to the pool. The door alarms are activated upon opening and are loud by design to alert occupants. The alarm can be silenced for 10 seconds by pressing the bypass button on the wall BEFORE opening the door. The Guest should not disable, disarm, or otherwise remove or compromise any pool safety feature, including any barrier or exit alarm. Should this occur, you will be charged all related costs for any repairs, reinstallation, or replacement. All doors and gates leading to the pool or pool area should be kept closed and locked or secured at all times. The Guest should notify the owner immediately if any pool safety feature is not working properly at any point during your stay.

 

BREEO SMOKELESS FIRE PIT

Firewood is available for purchase at the nearby hardware store. When you are done with your fire, patiently wait for the fire to burn out on its own. Do not pour water on it, and never leave your fire unattended. The Guest and their Group must be in full control of any fire and will be responsible for any damages of uncontrolled fires.

More fire safety protocols are available in the digital house manual.

 

PROPANE GRILL

A propane grill is provided at the home and connected to a gas line. To discourage pests and wildlife, please clean up all grill grease and outdoor/indoor food spills. The Guest agrees that charcoal or any accelerant will not be put in the grill. If charcoal is found to be present inside the grill, the Guest agrees to pay for grill replacement. The Guest must turn off the gas supply immediately after each use. The Guest will be fully liable for any damage caused by the Guest not turning off the grill or gas supply to grill.

The grill is not disassembled or deep cleaned in between guests.

 

MAINTENANCE ISSUES/REPAIRS/SERVICE CALLS

The Owner works hard to ensure the Rental Property and its amenities are in place and in good working order prior to your arrival. However, the Owner cannot guarantee against mechanical failure or supply of electricity, water, telephone, heat, air conditioning, pool, hot tub, pool heater, television, satellite or cable providers, internet, grill, or other appliance or systems. No refund or rate adjustment will be made due to failure of the appliances and/or equipment.

Please report any inoperative equipment to the Owner immediately. The Owner will make every reasonable effort to have repairs completed quickly and efficiently.

Should a repair technician make a service call to the Rental Property and find that the equipment is in working order and the problem was due to Guest oversight, neglect, or interference, then the charge for the service call will be at the Guest's expense.

 

BUNK BEDS

The top bunks have a weight limit of 250 lbs. Please abide by this as it is a huge safety hazard. The Guest is responsible for the cost to repair/replace a broken or damaged bunk due to excessive weight.

 

GOOD NEIGHBOR POLICY/QUIET HOURS

No parties, events, or loud gatherings are allowed at the home at any time.

Loud talking or yelling, loud music, excessive noise and/or obnoxious behavior, excessive speeding, discharging of firearms and/or fireworks, or use of any other noise-inducing mechanism are strictly prohibited at all times.

The Owner has the prerogative to terminate this Agreement and to demand that disruptive Guests vacate the premises, thereby forfeiting all rental payments and security deposit to the Owner. 

 

NOISE MONITORS

The Guest acknowledges that noise monitors may be present at the exterior of the home. These devices only record decibel levels and are not capable of recording conversations.

The Guest understands any tampering, relocating, disabling, or covering the monitors is a breach of contract, and the Guest would have to vacate the Rental Property without refund. The Guest would also incur any costs or inconvenience to repair or reactivate the monitor.

 

SECURITY CAMERAS

There are Ring floodlight security cameras at the exterior of the home and a Ring doorbell at the front door. There are no cameras located inside the home or at private exterior areas. There are no cameras viewing the pool/hot tub. Said cameras are installed primarily for deterrence and monitoring purposes when the Rental Property is not rented and to ensure maximum occupancy is not exceeded.

The Guest acknowledges that the presence of the cameras in no way places a duty upon the Owner to provide security or protection to the Guest or their Group. The Guest understands any tampering with the camera or covering the camera to disable it is a breach of contract, and you agree to any costs or inconvenience to repair or reactivate the camera.

 

NO SMOKING OR VAPING

The Rental Property is designated as non-smoking. Smoking includes the act of lighting, smoking, or carrying a lighted or smoldering cigar, cigarette, pipe, electronic cigarette, or vape of any kind. If we find that a Guest has smoked in the Rental Property or on the deck, steps, porch/patio, or balcony, the Guest will be charged a minimum of $500 for cleaning and remediation. These charges will be billed to the credit card on file for the reservation. The Guest could be asked to leave without a refund if they fail to comply with our smoke free policy.  

 

SMOKE DETECTORS

The Rental Property is equipped with smoke detectors. No tampering allowed. If you are hearing impaired, a smoke detector for the hearing impaired can be provided upon request.

 

CARBON MONOXIDE DETECTORS

The Rental Property is equipped with carbon monoxide detectors. No tampering allowed. If you are hearing impaired, a carbon monoxide detector for the hearing impaired can be provided upon request.

 

ALCOHOL AND ILLEGAL DRUGS

No drinking of alcoholic beverages by persons under the legal age of twenty-one (21) is allowed at the Rental Property. The Guest agrees that if guests are arrested for underage drinking at the Rental Property or if it is observed that Guests under the legal age of twenty-one (21) are drinking alcoholic beverages, this Agreement may be terminated, and the Guest and their Group may be evicted with no refund or rebate.  Illegal drug use is strictly prohibited and will result in termination of this Agreement and immediate eviction without refund.

 

CONSTRUCTION

The Owner is not onsite and cannot predict construction plans in the area or on neighboring properties, and therefore, cannot be held responsible for any inconvenience. No refunds or rebates will be offered for inconveniences due to but not limited to construction, construction noise, road repair, and maintenance. 

 

WILDLIFE

With our subtropical climate, Destin has many animals, critters, and insects, including but not limited to marine life, alligators, venomous and non-venomous snakes, spiders, mosquitoes and various biting insects. The Owner cannot control or be held responsible for interactions with wildlife. Precautions to consider: Do not feed any of the wildlife. Animals of any size are potentially dangerous. Feeding even small animals attracts predators and critters. Supervise children at all times.

 

PEST CONTROL

The Rental Property is sprayed by pest control regularly throughout the year. “Palmetto bugs” are endemic to the area and may be found inside the home despite our best efforts. If the Guest finds dead bugs in the Rental Property, this is a sign that the pest control is working. The Guest agrees to not deny pest control services entry to the Rental Property during their stay. Please let the Owner know if additional pest control is needed during your stay.

 

EMAIL AND SMS/TEXT MESSAGE COMMUNICATION CONSENT

Both parties agree to the use of electronic communications in the place of written communications. Opting in to receive email and text messages from us is not a condition of purchase. You can unsubscribe from our emails at any time by clicking on the unsubscribe link at the bottom of our emails, or by contacting us directly. For text messages, you can opt out at any time by replying 'STOP' to any text message you receive from the Owner. Please allow a reasonable amount of time for your un-subscription or opt-out request to be processed.

 

REVIEWS AND SUBMITTED IMAGES

The Guest agrees if they submit a review, share an image on our social media sites or via email, tag us in a social media post or submission or do anything like it, that they are consenting to fair use by the Owner in advertisements, social media posts, newsletters, and all other print or electronic promotions or publications. If you prefer that we not use any of your submissions, you will need to notify us at info@theescapesbydave.com, listing any place you left a submission that you do not want shared or used.

 

LICENSEE OF OWNER

The Guest is a licensee of the Owner and not a tenant. Renting the Rental Property in no way constitutes the Guest acquiring interest in the Rental Property.

 

RIGHT OF ENTRY

The Owner reserves the right to enter the Rental Property at any time to investigate disturbances, check occupancy, check for damages, make repairs, alterations, and improvements as Owner deems reasonably necessary.

 

EXPEDITED EVICTION - Initials:

A material breach of this Agreement by the Guest, which, in the sole determination of the Owner, results in damage to the Rental Property, personal injury to Guests or others, a breach of the peace, a nuisance to others, or a violation of criminal law or local code, shall be grounds for termination of Guest tenancy. Violation of any of the rules contained herein will result in immediate eviction and forfeiture of rent and security deposit. Guest may be evicted under such procedures if Guest: (i) hold over in possession after Guest tenancy has expired; (ii) commit a material breach of any provision of this Agreement that according to its terms would result in the termination of Guest tenancy; (iii) fail to pay rent as required by this Agreement, or (iv) have obtained possession of the Premises by fraud or misrepresentation. Any reservation made under false pretenses will result in forfeiture of advance payments and the Guest will not be permitted to check-in.

 

DISPUTES

This Agreement shall be governed by and construed in accordance with the laws of the State of South Carolina and Beaufort County without regard to principles of conflicts of law. Guest specifically consents to such jurisdiction and to extraterritorial service of process.

 

SEVERABILITY

In the event any term or provision of this Agreement is held to be invalid by any court of competent jurisdiction, such invalid term or provision shall be severed and shall not affect the validity and enforceability of any other term or provision herein contained. 

 

NO WAIVER

The failure by the Owner to insist upon strict performance of, or to seek remedy of, any one of the terms or conditions of this Agreement or to exercise any right, remedy, or election set forth herein or permitted by law shall not constitute or be construed as a waiver or relinquishment for the future of such term, condition, right, remedy, or election, but such item shall continue and remain in full force and effect.  All rights or remedies of the parties specified in this Agreement and all other rights or remedies that they may have at law, in equity, or otherwise, shall be distinct, separate, and cumulative rights or remedies, and no one of them, whether exercised or not, shall be deemed to be in exclusion of any other right or remedy of the parties.

 

INDEMNIFICATION AND HOLD HARMLESS - Initials:

The Guest acknowledges, understands, and agrees that each and every guest or guardian shall be solely responsible for any Rental Property damage, accident, injury, illness or communicable disease, to any person or loss sustained by any person, including loss of money, jewelry, and other items of personal property, arising out of or in any way related to the Guest's use of the Rental Property or the items of personal property provided by the Owner. The Guest shall inspect and be familiar with proper use and application of such items prior to using them. The Guest hereby agrees to INDEMNIFY and hold the Owner, employees, vendors, officers, harmless from any and all claims including those of third parties, arising out of or in any way related to the Guest's use of premises or the items of personal property provided therein. The Guest hereby agrees to hold the Owner, employees, vendors, and officers harmless and to indemnify same against any and all claims which may arise during and after the course of rental as a consequence of any acts or omissions of the Owner, employees, vendors, and officers. The Guest assumes the risk of injury, illness, communicable disease, or other losses relating to hot tub and any recreational activities and will hold the Owner harmless with respect thereto. The Guest agrees to accept and assume all risks, known and unknown, to themselves or each guest known or unknown, of personal injury, illness, communicable disease, permanent disability, death, emotional distress or property damage to themselves or to third parties, arising from being on the Rental Property or use of facilities, whether caused by the negligence of the Owner or otherwise. Any person entering premises waives all civil liability against the Owner and operator for any injuries caused by the inherent risk associated with contracting COVID-19 at public gatherings, except for gross negligence, willful and wanton misconduct, reckless infliction of harm, or intentional infliction of harm, by the individual or entity of the premises.  The term "Owner" as used in this Agreement shall include their heirs, successors in interest, assigns, employees, agents, and representatives where the context requires or permits. The terms “Guest”, “you”, and “your” as used in this Agreement shall include Guest's heirs, successors, assigns, guests, invitees, representatives, and other persons on the Rental Property during Guest's occupancy without regard to whether such persons have authority under this Agreement to be at the Rental Property where the context requires or permits.