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Thanks for your business and we hope you enjoy your stay in our property!
Rental Agreement, Credit Card Authorization, and Damage Waiver: Reservations for this property are non-refundable, but we do offer a cancelation waiver that costs 10% of the gross rental fee, and allows you to cancel within 48 hours before the check-in date. You may cancel for any reason up to 48 hours before check-in if you purchase this optional waiver at the time of booking. This can only be purchased at the time of the reservation. If you purchase this cancelation waiver you must call us and email us 48 hours before the check-in date with your notice of cancelation. If you do cancel before the 48 hours and you purchased this waiver we will issue a refund check or credit the original credit card the cost of the reservation (minus the cost of the waiver) within 5 to 7 business days. If this waiver was purchased it will show on the reservation breakdown.
Damage Waiver and Capacity Restrictions: Our properties are inspected before and after each reservation guests agree to pay for any flagrant damage to the units, excessive cleaning required at check-out, missing or damage to the units’ contents, or any other accidental damage to anything within the rental unit during the rental period. Your reservation was for a Damage waiver to cover a nominal amount of damage (usually $1,500.00). If any damages are above this then the Guest authorizes any said damage or missing items charged to their credit card on file. The sleeping capacity for this property is limited to the number of beds provided, so twin beds sleep 1 guest; double, queen, king beds and sofa sleeper sleep 2 guests each. Extra guests beyond the maximum sleeping capacity are not allowed without the expressed written permission in advance and payment of extra guest fees. Each unauthorized additional guest not included on the reservation will incur a charge of 10% of the nightly rental rate or $15, per guest, per night, and will be charged to the credit card on file.
RULES, REGULATIONS, & OTHER: ALL PAYMENTS ARE NONREFUNDABLE. If the Reservation is canceled, all payments will be forfeited. A cancelation waiver is available for purchase on your Reservation. The cancelation waiver costs 10% of the gross rental fee and allows you to cancel within 48 hours before the check-in date. You may cancel for any reason up to 48 hours before check-in if you purchase this option waiver at the time of booking and we will refund funds held for reservation minus the cost of the waiver. This can only be purchased at the time of the reservation. If this waiver was purchased it will show on the reservation breakdown below.
Terms include a No Tolerance Policy regarding excessive noise, parties, or disturbing neighbors. Please make sure you are comfortable with our Terms as they are strictly enforced.
RESERVATIONS: All Reservations are subject to Management and Property Owner approval. Online rates are subject to change without notice. Should there be ANY issues with the reservation, you will be contacted within 48 hours.
PROPERTY: Guest rents, for vacation purposes only, the furnished real property and improvements described.
ARRIVAL & DEPARTURE: Check-in time is NO EARLIER than {reservations.check_in_time} on arrival date. This time may be delayed should unforeseen circumstances arise. Check-out time is NO LATER than {reservations.check_out_time} on the departure date. Early Check-In and Late check-out options are available for an additional fee if available. If Early Check and/or Late Check Out are approved, you will get an email confirmation from the reservation team.
UNAUTHORIZED LATE CHECKOUTS: All early and late checkouts must be requested by the Guests more than 24 hours in advance and are subject to additional fees. Management must provide approval before the regular check out time, when available. An unauthorized late checkout fee of $50/hour will be charged to the Guest for the first two (2) hours. If the Guests fails to vacate the premises within two (2) hours, the Guest will be charged one additional night at market rate. This extra fee does not give the Guest possession of the property for another day and Guest must vacate the property immediately.
PAYMENTS: ALL PAYMENTS ARE NONREFUNDABLE. Outside 60 days of arrival, Deposit Payment is due to reserve property. Balance Payment is due 60 Days before Arrival and will be charged automatically to the same credit card used unless communicated otherwise. Within 60 Days of Arrival, Total Cost is due to reserve property. ALL Payments are NONREFUNDABLE. We offer Vacation Rental Insurance
CANCELATIONS & REFUNDS: ALL PAYMENTS ARE NONREFUNDABLE. If the Reservation is canceled outside 60 days of arrival, the Deposit Payment will be forfeited and the Guest will be released from financial liability on the remaining balance owed. Cancelations with less than 60 days' notice will result in a 100% loss of all payments less any security deposit or damage waiver. If we can replace the Guest reservation and rebook the dates we will credit you 75% of the recouped rent towards another reservation in the future. This loss could have been avoided if the cancelation waiver was purchased.
NON-SUFFICIENT FUNDS (NSF CHECKS): If the Guest attempts to pay the rent with a check that is not honored or an electronic transaction due to (NSF) there shall be a fee of $25.
LATE FEE: For reservations exceeding 29 days, there shall be a late fee assessed by the Management in the amount of 5% of the monthly rent per occurrence for each late monthly payment that is later after the 5th day of the month.
UNAVAILABILITY: For any reason beyond the control of Management, the Premises become unavailable, Management may substitute a comparable unit or cancel this Agreement and refund in full all payments made by the Guest.
STRICT NOISE ORDINANCE: We have a strict noise ordinance that must be followed. No loud noises, music, or loud vehicles are allowed between the hours of 10:00 pm and 7:00 am. Please note if these are not followed you can be fined and asked to vacate the property.
APPROVED GUESTS AND USE: The Premises are for the sole use as a personal vacation residence by Approved Guests. Reserving Guest is responsible for any guests that use the property during the term of this agreement. Guest may not exceed Max Occupancy for Property at any time without prior written approval and payment of extra guest fees. If the Premises are used, in any way, by more than number of guests included on the reservation without prior written approval, (i) Guest and all others may be required to immediately leave the Premises or be removed from the Premises; (ii) Guest is in breach of this Agreement; and (iii) Guest forfeits its right to return of any monies collected.
OCCUPANCY: Approved Guests are persons who will occupy the Premises. No unlawful activity or any other activity that constitutes a nuisance is permitted on the Premises. Approved Guests take full responsibility for all lost or broken items and any damages to the Property of any kind.
SECURITY DEPOSIT: A Valid Credit Card to be kept on file is required upon Reservation. Your reservation was charged for a Damage waiver to cover a nominal amount of damage (usually $1,500.00). Should the damages cost be above the coverage of the damage waiver, the Credit Card on file will be charged for any of these costs. Guest hereby grants consent to charge Credit Card on file for any damages, missing items, excessive cleaning, fines, and, if necessary, cost incurred to remove Guest from the property.
CLEANING: Premises will be delivered to Guests in a professionally cleaned condition. Should the Guest's use and activity require more than regular cleaning services, the Guest will be charged for associated excess costs.
PETS: Some properties allow Pets. Some properties are not pet friendly due to allergies of the owners or other reasons. If an unauthorized pet is discovered on the Premises, the Guest will be asked to leave without a refund and an extra fee of $200 will be charged to the Credit Card on file as the Guest will be in breach of this Agreement.
NO SMOKING: No smoking is allowed on the Premises. If smoking does occur on the Premises, (i) the Guest is responsible for all damage caused by the smoking including, but not limited to, stains, burns, odors, and removal of debris; (ii) Guests may be required to immediately leave the Premises, or be removed from the Premises; (iii) Guest is in breach of this Agreement.
CONDITION OF PREMISES: The Guest shall, on arrival, examine the Premises, all furniture, furnishings, appliances, fixtures, and landscaping, if any, and shall immediately report, in writing, if any are not in operating condition or are in disrepair. Reporting repairs does not give the Guest the right to cancel this Agreement or receive a refund of any payments made.
LOST ITEMS OR LEFT ITEMS: Management assumes no responsibility for lost, stolen, or abandoned items. Reasonable effort will be made to contact the Guest for return. There will be a $25.00 handling charge plus shipping costs for any found items returned at the Guest’s request. Management shall not be held liable for the condition of said items. Any items not claimed for longer than 30 days, may be donated or sold.
SUBLETTING: The Guest shall not have the right to sublet the Premises or any part thereof without the prior written consent of the Management. If consent is granted by the Management, the Guest will be responsible for all actions and liabilities of the Sublessee including but not limited to: damage to the Premises, non-payment of rent, any eviction process (in the event of an eviction, the Guest shall be responsible for all court filing fees, representation, and any other fees associated with removing the Sublessee). The consent by the Management to one sublet shall not be deemed to be consent to any subsequent subletting.
ABANDONMENT: If the Guest vacates or abandons the property for a time period that is the minimum set by State law or seven (7) days, whichever is less, the Management shall have the right to terminate this Agreement immediately and remove all belongings including any personal property off of the Premises. If the Guest vacates or abandons the property, the Management shall immediately have the right to terminate this Agreement.
ASSIGNMENT: The Guest shall not assign this Lease without the prior written consent of the Management. The consent by the Management to one assignment shall not be deemed to be consent to any subsequent assignment.
MAIL SERVICES: You may ship directly to the home that you are staying in using FedEx or UPS while you are in the home, however, we can not guarantee delivery or security of the package. This will be up to the shipping client and the shipping receiver to arrange. **We are not responsible for any lost, damaged, or delayed deliveries. Returning late deliveries after a guest has left will incur an additional fee, plus the cost of shipping. Due to short-term rental regulations, mail service is not available for the Guest.
PARTIES: All of our rentals are in residential areas and may be used for weddings, receptions, parties, or large gatherings only with the express written consent of Management and payment of an event fee. Any disruptive or unapproved events could result in the eviction and forfeiture of the entire rental amount and security deposit.
ILLEGAL SUBSTANCES: No illegal substances are allowed in the rental, and minors should not be in possession of alcohol. Violations will result in eviction from the property and no refunds will be issued.
TV/CABLE/INTERNET/SATELLITE: No refund shall be given for number of devices, outages, content, or lack of content or personal preferences with regard to cable/internet/satellite service. Services are provided as a convenience only, and are not integral to this agreement. No refund shall be given for outages, content, lack of content, speed, access problems, lack of knowledge of use, or personal preferences with regard to service.
AIR CONDITIONING/HEATING: Many rentals are equipped with air conditioning. If so equipped, and if not regulated otherwise, Guest agrees that Air conditioning shall not be set below 72 degrees and heat shall not be set above 78, and that the fan setting shall be “Auto”. Doors and windows shall be closed when either heat or air conditioning is in operation. There are no refunds for lack of, or malfunctioning HVAC units.
POOL AND SPA: Pool and spa heating is an additional fee and must be paid for prior to use. Guest agrees not to tamper with pool heat controls or manipulate heater in any way. Pool heat shall not exceed 86 degrees. Spa heat shall not exceed 104 degrees. Guest understands that the area surrounding pool and spa may not be fenced or secure. Guest understands and agrees to be responsible and liable for any damages that occur to the pool and spa and its support equipment through Guest misuse and/or negligence.
SYSTEM(S) FAILURES: In the event the rental unit sustains a failure of a system, including but not limited to water, sewer, septic, electrical, gas, plumbing, mechanical, appliances, heat pump, ventilating, pool, hot tub or other system or structural systems, neither the property owner nor the Management shall be liable to Guest for damages, and no refunds will be given for such failures. However, Management will make an effort to promptly repair or replace the failed system or equipment, and in such event, Guest agrees to permit Manager or its service provider to have reasonable access to the property to inspect and make such repairs.
UNFORESEEN OCCURRENCES: Management will not assume liability for any loss, damage or inconvenience caused by but not limited to the following: weather conditions, natural disasters, pests, construction, acts of God, or other reasons beyond its control. There shall be no refunds available as such instances are beyond the control of Management. It is highly recommended that Guest considers travel and/or rental insurance.
RULES; REGULATIONS: NO COMMERCIAL USE. Guest agrees to comply with any and all rules and regulations that are at any time posted on the Premises or delivered to Guest. Guest shall not, and shall ensure that Guest and licensees of Guest shall not: (i) disturb, annoy, endanger, or interfere with other Guests of the building in which Premises is located or its neighbors; (ii) use the Premises for any commercial or unlawful purpose including, but not limited to, using, manufacturing, selling, storing, or transporting illicit drugs or other contraband; (iii) violate any law or ordinance; or (iv) commit waste or nuisance on or about the Premises.
MAINTENANCE & REPORTING: Guest shall properly use, operate and safeguard the Premises including, if applicable, any landscaping, furniture, furnishings, appliances and all mechanical, electrical, gas and plumbing fixtures, and keep them clean and sanitary. Guest shall immediately notify Management of any problem, malfunction or damage. Guest shall pay for all repairs or replacements caused by Guest, excluding ordinary wear and tear. Guest shall pay for all damage to the Premises as a result of failure to report a problem, malfunction or damage in a timely manner.
ENTRY: Management and Managements' representatives and agents have the right to enter the Premises, at any time, (i) for the purpose of making necessary or agreed repairs, decorations, alterations, improvements, for maintenance or to supply necessary or agreed services; (ii) to verify that Guest has complied with the terms of this Agreement; or (iii) in case of emergency. Management and Managements' representatives and agents have the right to enter the Premises, upon reasonable notice of at least 24 hours, to show the Premises to prospective or actual purchasers, tenants, mortgagees, lenders, appraisers or contractors.
PARKING: During winter, snow removal is not provided. Management may deliver salt, but it is up to the Guest to apply as need and appropriately as to not cause any damage to the property. Be sure you know the laws in regards to winter parking. Street parking may be unallowed or limited during snow removal. Your car may get a ticket and/or be towed! Management is not responsible for fees associated with ticket or towing of Guest vehicles. Driving conditions may be hazardous as well. Be prepared. Some homes that are in HOA’s do not allow parking on the street at any time.
TERMINATION OF OCCUPANCY: Upon termination of occupancy, Guest shall: (i) return all copies of all keys or opening devices to the Premises, including any common areas; (ii) vacate the Premises and surrender it to Management empty of all persons at agreed upon time; (iii) vacate any/all parking and/or storage space; and (iv) deliver the Premises to Management in the same condition less ordinary wear and tear as received upon arrival.
WEATHER/MOTHER NATURE: We cannot be held responsible for circumstances beyond our control. This includes excessive noise from construction or public/private events, wildfire/smoke, weather related interruptions, road closures, lack of snow, frozen pipes, interruption of services and utilities or unexpected appliance breakdown.
PERSONAL PROPERTY AND INJURY: (i) Owner Insurance: Guest personal property, including vehicles, are not insured by Owner or, if applicable, HOA, against loss or damage due to fire, theft, vandalism, rain, water, criminal or negligent acts of others, or any other cause. Owner/Management does not insure against personal injury to Guest, guests or licensees due to any reason other than the condition of the Premises. (ii) Guest Insurance: Management recommends that Guest carry or obtain insurance to protect Guest and licensees and their personal property from any loss or damage. (iii) Indemnity and Hold Harmless: Guest agrees to indemnify, defend and hold harmless Owner and Management from all claims, disputes, litigation, judgments, costs and attorney fees resulting from loss, damage or injury to Guest or licensees or their personal property.
MEDIATION: Guest agrees to mediate any dispute or claim arising out of this Agreement, or any resulting transaction, before resorting to arbitration or court action. Mediation fees, if any, shall be divided equally among the parties involved.
JOINT AND INDIVIDUAL OBLIGATIONS: If there is more than one Guest, each one shall be individually and completely responsible for the performance of all obligations under this Agreement, jointly and individually with every other Guest.
ENTIRE CONTRACT: Time is of the essence. All prior agreements between Owner or Management and Guest are incorporated in this Agreement, which constitutes the entire contract. It is intended as a final expression of the parties' agreement and may not be contradicted by evidence of any prior agreement or contemporaneous oral agreement. The parties further intend that this Agreement constitutes the complete and exclusive statement of its terms, and that no extrinsic evidence whatsoever may be introduced in any judicial or other proceeding, if any, involving this Agreement. Any provision of this Agreement that is held to be invalid shall not affect the validity or enforceability of any other provision in this Agreement. The waiver of any breach shall not be construed as a continuing waiver of the same or any subsequent breach.
RELEASE: In consideration of the right to visit the home, Guest agrees to release to the fullest extent allowed by law, Owner and its Management, members, officers, associates, employees, agents, representatives, attorneys, assigns, and affiliates (collectively, the Affiliates) from all liability or responsibility of any kind whatsoever for any personal injury, death, property damage or other loss sustained by me, my minor children, any guest identified on this form, or any guest or person allowed onto the property during my rental dates as a result of my, my childrens or the guests participation in a visit to the home, due to any cause whatsoever, including without limitation negligence on the part of Owner or Management. I understand that this release will bind my heirs, administrators, executors, and any other person or entity seeking to claim under or through me. |
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Byers & Harvey
1820 Business Park Drive
Clarksville TN 37040
619-871-0897
julian@byersandharvey.com |
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