1. Check-in/Check-Out: Normal check-in time (without exception) is 5:00 p.m. to cleaning person enough time to clean after previous guests and prior to your check-in. Checkout time is prior to 11:00 a.m because unit has to be cleaned for other arriving guests later in the afternoon. Agent uses its best efforts to have your home ready for you at check-in time, but cannot guarantee the exact time of occupancy. In the event that a guest returns to property, or does not leave property, after checkout time, a charge equal to the rental rate for 1 day will be assessed.
2. Number of Guests/Tenants: It is the responsibility of the Guests/Tenants to truthfully and respectably notify management of the EXACT count of guests that are going to visit/occupy property at least 1 week prior to arrival - counting all adults, children and infants. Any changes and/or adjustments from original number guests on original proposal that you booked and paid for must be notified. Tenants/Guests understand that if less than anticipated guest will be coming to stay only the Linen/Towel/Cleaning fee will be reduced. If the number of guests occupying/visiting property will be more than anticipated the rate per person will not go down by adding more people. The rate will be increased by the original estimated calculated per person price and the additional per person Linen/Towel/Cleaning fee will also be added. Our goal is to make all of our guests happy and by packing in more people your family/group will not be happier by getting less space per person and there will also be more wear and tear on the property.
3. Accommodations: are individually and privately owned, reflecting the taste of its owner. Accommodations are continuously being upgraded and renovated, therefore some sligth color changes due to painting may have taken place and some furniture may have been upgraded and therefore can be slightly different from original pictures. Guests/tenants understand that cars must be parked in designated parking spot and that no music is allowed outside that can be heard and/or disturbing by neighbors.
4. Cancellations: must be submitted in writing. For cancellations within 90 days prior to arrival all monies are forfeited and no refunds will be made. You are still responsible for paying final balance. If reservation is cancelled earlier than 90 days prior to arrival your monies will be refunded LESS the following: cancellation fee (same amount as down payment) and its taxes, credit card convenience fee and its taxes (if applicable) and trip insurance (if applicable). Any change in reservations such as changing weeks or changing homes will be subject to the cancellation policy. No assignment or subletting permitted. Trip insurance is highly recommended to protect against unexpected events and change of travel plans.
5. Evacuation: Guest shall comply with State or local authorities' order of a mandatory evacuation. Upon compliance, Guest will not be entitled to a refund of the prorated rent for each night Guest is unable to occupy the home from Agent or Owner if the guest refused insurance offered by the Agent that would have compensated guests for losses or damages resulting from loss of use of the property due to the evacuation order; or the Guest purchased insurance offered by Agent. This is pursuant to Senate Bill 974, G.S. 42A-36. You may elect to purchase Trip Cancellation and Interruption Insurance, underwritten by the National Union Fire Insurance Company of Pittsburgh, Pa., by paying the stated premium. Agent receives a fee from this insurance. Terms, conditions and limitations are written on the enclosed Description of Coverage; please read them carefully.
6. Indemnification; Right of Entry; Assignment: Guest (and guests of Guest) agrees to indemnify and save individual Homeowners, Agent and its employees, free and harmless for any liabilities or any loss or damage whatsoever arising from, related to, or in connection with rental of the premises, including but not limited to any claim or liability for personal injury or damage or loss of property which is made, incurred or sustained by Guest (including but not limited to injury sustained as a result of use of spa, hot tub, whirlpool, sauna or pool) except any caused by the willfully or intentionally negligent acts of the Owner or his Agent. Guest agrees that Agent, the owner or their respective representative may enter the premises during reasonable hours to inspect, make repairs or improvement thereto as Agent or Owner may deem appropriate, or to show the premises to prospective purchasers. Tenant shall not assign this Agreement or sublet the premises in whole or in part.
7. We accept Debit or Credit cards, PayPal, Bank Wires, Bank Direct Deposits, and Personal Checks.
8. TLC Fees: We do not offer nor charge for TCL fees.
9. Accidental Damage Waiver: An Accidental Damage Waiver (ADW) fee of $90 is added on to all rentals. ADW is a non-refundable fee whereby American Vacation Living assumes the liability associated with minor accidental damages to the leased premises or its contents during the Tenant’s occupancy. ADW is not insurance, nor should it be interpreted as such. This allows American Vacation Living to waive your responsibility for reported accidental damage up to a maximum aggregate amount of $2,000.00. The damage waiver becomes effective upon check-in and terminates at departure or 11:00 A.M. on the last day of the lease term (“check-out time”), whichever occurs first.
Unreported damages, non-accidental damages, excluded damages or damages exceeding $2,000.00 dollars will be the sole responsibility of the Tenant. The non-refundable waiver does not in any way negate your responsibility as Tenant. The cost to repair damage attributable to the Tenant or Tenant’s invitees due to Acts of God, intentional acts, willful conduct, gross negligence, abuse of the property, violation of lease terms, or pets will not be paid under the ADW and remain the responsibility of the Tenant.
Any damage must be reported to American Vacation Living prior to “check-out time." The ADW applies only to loss or damage to the leased premises or its contents. The applicability of ADW to damaged property, any determination of the extent of damage and any determination of the cost of repairs to damaged property shall be in the sole and absolute discretion of American Vacation Living
10. Transfer of property by Owner: In accordance with the VRA, if the landlord transfers the property to another and your vacation rental will end 180 days or less after recordation, your vacation rental will be enforced. If the rental ends more than 180 days after recordation, the rental may not be enforceable and all payments will be refunded to you. Each guest will be notified of any transfer and their rights will be explained at that time. If Owner's interest in property is involuntarily transferred, the Owner is required to refund to Guest all rent paid by guests within 60 days after the transfer.
11. Pets: Unless otherwise specifically permitted in this Agreement, no pets shall be allowed on (inside or outside) the premises.
12. Guest Responsibilities: Guest agrees to comply with all obligations imposed by the Vacation Rental Act on Guest with respect to maintenance of the home, including but not limited to keeping the home as clean and safe as the conditions of the home permit and causing no unsafe or unsanitary conditions in the common areas and remainder of the premises that guest uses; notifying agent in writing of the need of replacement of or repairs to a smoke detector, and replacing the batteries as needed during the tenancy. Guest agrees not to use the home for any activity or purpose that violates any criminal law or governmental regulation. Guest agrees that occupancy is restricted to family groups only and to the number of occupants as noted on front of lease. Leaseholder must be at least 18 years of age. Rental for weddings, to fraternities, sororities, school, church or civic groups is strictly prohibited. Guest's breach of any duty contained in this paragraph shall be considered material, and shall result in the termination of guest's tenancy.
13. Force Majeure: We regret we cannot accept liability or pay any compensation where the performance or prompt performance of our contractual obligations is prevented or affected by or you otherwise suffer any damage or loss as a result of "force majeure". In these Booking Conditions, "force majeure" means any event which we or the supplier of the service(s) in question could not, even with all due care, foresee or avoid. Such events may include war or threat of war, riot, civil strife, actual or threatened terrorist activity, industrial dispute, natural or nuclear disaster, adverse weather conditions, fire and all similar events outside our control.
14. Agent Responsibilities: Agent agrees to provide the premises in a fit and habitable condition. If, at the time you are to begin occupancy of the premises, agent cannot provide the premises in a fit and habitable condition or substitute a reasonably comparable property in such condition, Agent shall refund to you all payments made by you. Should your home sustain a failure of a system or amenity, including but not limited to water, septic, heat pump, electrical, mechanical, pool, hot tub, whirlpool tub, or electronics, the problem will be corrected as soon as humanly possible. Priorities are given to water/sewer, electric/plumbing, and air conditioning/heating, however no recompense will be made. Agent or authorized employee or repairman and landlord have the right of entry at any reasonable time.
15. Subdivision and Property Associations: Agent is not responsible for conduct or operations of subdivisions and property associations and cannot be held liable for any loss or liability in connection with either.
16. Forum: This agreement shall be governed by and interpreted in accordance with the law of the State of Florida. This agreement shall be treated as though it was executed in the State of Florida, and was to have been performed in the State of Florida. Any action relating to this agreement shall only be instituted and prosecuted in courts in Florida. Guest specifically consents to such jurisdiction and to extraterritorial service of process. Should any of the terms of this agreement be breached by tenant resulting in legal action on the part with Agent against Guest and Agent prevails in court or a settlement is reached, Agent shall be entitled to collect from Tenant all costs of said legal action including, but not limited to, attorney's fees.