THIS IS A RESIDENTIAL LODGING AGREEMENT (“AGREEMENT”). YOUR SIGNATURE ON THIS AGREEMENT, OR PAYMENT OF MONEY OR OCCUPYING THE PROPERTY AFTER RECEIPT OF THIS AGREEMENT, IS EVIDENCE OF YOUR ACCEPTANCE OF THE AGREEMENT, AND YOUR INTENT TO USE THE PROPERTY AS A VACATION RENTAL HOME. POT-NETS BAYWOOD VACATION RENTALS, LLC (PBVR), THE MANAGEMENT FIRM, ON BEHALF OF THE OWNER OF THE PROPERTY, RENTS THE SUBJECT PROPERTY TO THE TENANT, WHO MUST BE 25 YEARS OF AGE OR OLDER, SUBJECT TO THE PROVISIONS OF THIS RESIDENTIAL LODGING AGREEMENT.
**Tax rates, if any, are calculated as of the time of this Agreement. Tenant shall be responsible for payment of all applicable taxes according to rates in effect at the time of the occupancy.
(1) RENTAL FEES & OTHER PAYMENTS. Rental Fees will vary from Unit to Unit, and Arrival date (your confirmation will state the exact amount). Other Payments will include the following charges for each reservation made: mandatory Departure Cleaning Fee of up to $37.50 per day, not to exceed $150.00 (depending on Unit size - your confirmation will state the exact amount); Reservation Processing Fee of 3%, not to exceed $50.
(2) RETURNED CHECKS. Tenant agrees to pay a $50.00 processing fee for any check of tenant that may be returned by the financial institution due to insufficient funds or because tenant did not have an account at the financial institution.
(3) FINAL BALANCE. Final balance is to be paid by check or money order. Credit cards are not accepted for final balance payments. Full payment of balance is due 30 days in advance of Arrival – no exceptions. If full payment is not received within 30 days in advance of Arrival, the reservation will be treated as a Cancellation in accordance with the Cancellation policy below.
(4) DAMAGE WAIVER FEE. All Reservations for a period of 21 days or less shall be subject to an Accidental Damage Waiver fee of $50, which is non-refundable. This fee covers the Tenant for up to $500 for any reported accidental damage during their stay. The Tenant agrees to replace or restore any personal property belonging to Owner which may be broken, lost, destroyed or damaged, and excepting for usual wear and tear, to repair all damages and injuries to the unit hereby rented, resulting from a lack of reasonable care and attention by the Tenant or by negligence of the Tenant, family and/or other guests. Increases to Damage Waiver Fees and/or Security Deposits (up to $2,000) may be requested on a case-by-case basis. If a Security Deposit is requested, it is to secure the faithful performance of Guest’s promises and duties contained herein. Security Deposits will be refunded by mail, within thirty (30) days of Check-out, less any costs for repairs or damages or excessive housekeeping charges.
(5) DAMAGE CHARGES. ALL RESERVATIONS ARE REQUIRED TO HAVE A VALID CREDIT CARD ON FILE. Your credit card information will be kept on file during the term of your stay for use as a "security/damage deposit" to ensure compliance with the terms of the Residential Lodging Agreement. If, after inspection, it is determined that the condition of the Unit is beyond normal wear and tear, requires excessive cleaning, or contents are missing from the Unit, Tenant agrees to accept all liability and understands that costs in excess of the $500 coverage provided by the Accidental Damage Waiver Fee will be charged to the Tenant's credit card. Amounts may also be charged to cover unnecessary service calls, unreturned keys or remote controls. Please report any problems or damage in your Unit on the day of check-in. If not reported, we must assume that the damages occurred during your occupancy. PBVR's determination of damages will be conclusive.
(6) CHECK-OUT. By 10:00 am on the date of departure, all keys and remote controls are to be left in the unit. If check-out has not occurred by 10:00 am, the full daily rate may be charged to your credit card on file.
(7) CANCELLATION POLICIES.
Cancellations made more than 6 months prior to Arrival – all prepaid deposits and taxes paid will be refunded.
Cancellations made between 1 month and 6 months prior to Arrival — prepaid deposit (50% of total rent) plus tax will be forfeited as a cancellation fee.
Cancellations made less than 1 month prior to arrival and “no shows” — total rent plus tax will be forfeited as a cancellation fee.
Full payment of rent, cleaning charges, reservation fees, incidentals plus tax is due 30 days in advance of Arrival – no exceptions. If full payment is not received 30 days in advance of Arrival, the reservation will be treated as a Cancellation in accordance with this section.
Natural disasters, acts of God, inclement weather or other problems could affect your vacation. We will do our best to accommodate you should a problem occur, but we cannot refund any portion of your rent.
Tenants can purchase an optional Travel Insurance Plan (i.e. to cover any cancellation fees, if the reason for canceling a reservation is covered under the provisions of the insurance policy.
RESERVATION FEES (UP TO $50) ARE NON-REFUNDABLE IN ANY CIRCUMSTANCE.
ALL PREPAID CLEANING FEES (UP TO $150) WILL BE REFUNDED IN THE EVENT OF A CANCELLATION.
(8) TRANSFERS. No Unit transfer by request of Tenant will be made once the reservation has been confirmed. PLEASE ENSURE ALL RESERVATION DETAILS ARE ACCURATE BEFORE CONFIRMING.
(9) CLEANING. Cleaning discrepancies must be reported to our office within 24 hours of check-in. If you have not called within that time frame, we will presume that you found your Unit in acceptable condition. All of our rental Units have a departure cleaning fee added to their rental rate which will include a normal cleaning of the Unit. We ask only that our rental guests load any dirty dishes into the dishwasher, remove garbage from the Unit, and place all used linen and towels in designated area of Unit. Each Unit is inspected after every departure and renters may be charged for extra cleaning if Unit is left excessively dirty and/or if Tenant fails to do the above listed requirements.
(10) OWNERSHIP. The Tenant understands that the Premises is privately owned, including the furnishings, and neither PBVR, nor the Owner shall be responsible for providing any additional furnishings or equipment not available presently on the Premises. Certain areas, such as locked closets designed within each Unit, are reserved for the exclusive use of the Owner and will not be available for the use of the Tenant. All décor and service items in the Unit are privately owned and provided. Please respect them as you would your own property. DO NOT REARRANGE FURNISHINGS OR LEAVE ANY FURNISHINGS OUTDOORS (EXCLUDING DECK FURNITURE).
(11) UNCLAIMED PROPERTY. PBVR is not responsible for articles lost, stolen, or left behind in the rental Units.
(12) TENANT DUTIES. Tenant agrees to comply with all obligations imposed on Tenant with respect to maintenance of the Premises, including but not limited to keeping the Premises as clean and safe as the conditions of the Premises permit and causing no unsafe or unsanitary conditions in the common area and remainder of the Premises that Tenant uses; and notifying Rental Office of the need of replacement or repairs to the Unit. Tenant agrees not to use the Premises for any activity that violates any criminal law or governmental regulation. Tenant's breach of any duty contained in this paragraph shall be considered material, and shall result in the immediate termination of Tenant's tenancy.
(13) AGENT DUTIES. PBVR agrees to provide the Premises in a fit and habitable condition. If at the time Tenant is to begin occupancy of the Premises, Agent cannot provide the Premises in a habitable condition, or substitute a reasonably comparable property in such condition, or correct such deficiencies within the Arrival day, Agent shall refund to Tenant all payments made by the Tenant. (Exceptions: hurricane damage/evacuation.)
(14) MANDATORY EVACUATION. If State or local authorities order a mandatory evacuation of an area that includes the Premises, Tenant shall comply with the order.
(15) EXPEDITED EVICTION. If the tenancy created hereunder is for 120 days or less, expedited eviction procedures will apply. Tenant may be evicted under such procedures if Tenant: (i) exhibits behavior towards our staff, residents and guests that is disruptive or disrespectful in any way, such as a public gathering or party, or (ii) damages the interior or exterior of the premises, grounds or amenities within the community, or (iii) holds over in possession after Tenant's tenancy has expired; (iv) commits a material breach of any provision of this Agreement (including any addendum hereto) that according to its terms would result in the termination of Tenant's tenancy; (v) fails to pay rent as required by this Agreement; or (vi) has obtained possession of the Premises by fraud or misrepresentation, including misrepresenting the ages of Tenants. We will only issue a Lodging Agreement to groups of guests where at least one guest signing the agreement is at least 25 years of age or older. We will hold that person responsible for the conduct and behavior for other members of the group who are under the age of 25. Should the associates of PBVR ascertain that a guest is violating any of the above provisions, or determines that a group does not meet the age requirements listed above and is occupying a property through misrepresentation, the group is subject to immediate termination of the tenancy with no refund of any rental fees or other payments. PBVR reserves the right to refuse occupancy, cancel any existing reservation, and/or terminate occupancy if the occupancy, in our position, is detrimental to the property, the community, and its owner that we represent. Public gatherings and parties are strictly prohibited in any of our residential units.
(16) INDEMNIFICATION AND HOLD HARMLESS; RIGHT OF ENTRY; ASSIGNMENT. Tenant agrees to indemnify and hold harmless Agent and the Owner from and against any liability for personal injury or property damage sustained by any person (including Tenant's guests) as a result of any cause, unless caused by the negligent or willful act of Agent or the Owner. Tenant agrees that Agent, the Owner or their respective representatives may enter the Premises during reasonable hours to inspect the Premises, to make such repairs, alterations, or improvements hereto as Agent or Owner may deem appropriate. Tenant shall not assign this Agreement to sublet the Premises in whole or part. We hold the person whose name appears on the Agreement responsible for any payments, damage deposits, and all other responsibilities of the Agreement. This person must be in occupancy of the Unit for the entire term of the rental period.
(17) PETS. PBVR has certain designated “PET FRIENDLY” units. IF A UNIT DOES NOT SPECIFICALLY ALLOW PETS, and if Tenant is found to have a pet in Tenant's Unit at any time during Tenant's stay, Tenant's tenancy shall be terminated and a mandatory additional cleaning charge of $500 will be charged to Tenant's credit card on file, plus an applicable administration fee.
(18) SMOKING FEE. All Units are designated as NON-SMOKING. Tenant will be charged a $500 additional cleaning fee to Tenant's credit card, for smoking in a Unit.
(19) REPAIRS AND SERVICE CALLS. We cannot guarantee against breakdown of air conditioning or other appliances. Please report any non-operative equipment to our office promptly. We will make every effort to have repairs done quickly and efficiently. Should a repairman make a call to a Unit and find that the equipment is in working order and the problem was due to Tenant oversight or neglect, all charges for the service will be charged to the Tenant's credit card on file. No rental refunds will be made due to failure of air conditioning, other appliances or items beyond our control.
(20) UNIT INTERNET & TELEVISION. High speed internet and television service may be available in your Unit. These services are provided as a convenience by the Owner to the Tenant, and are not included as a part of the Rental Fees. Service outages will be repaired as quickly as possible subject to the availability of service technicians, and are not cause for the refund of any rental payment.
(21) GOLF CAR. A golf car may be provided for the use of the Tenant. The golf car is to be operated in accordance with all community rules and regulations as described in the “Golf Car Rules” pamphlet provided at time of Check In. The Tenant is solely responsible for the safety, damages and injuries to all operators, passengers, pedestrians, other vehicles and property. All Golf Car drivers must be at least 16 years old, AND must have a valid state-issued driver’s license.