Rental Agreement (the “Agreement”) is a legally binding agreement made and entered into as of the Reservation Date between the person(s) or company (the “Guest”) and the owner, manager or agent (“Rental Agent”), pursuant to which the Guest has agreed to rent the residence described below (the “Property”), for the duration of the Rental Term for the Total Rental Fee and other considerations as described herein.
CHECK IN / CHECK OUT
The Guest can arrive at the property from 15:00 hours on the Arrival Date of the holiday and must leave by 10:00 hours on the Departure Date.
If the Guest arrival time is delayed, Guest must contact the person whose details are given on the rental agent booking confirmation so that alternative arrangements can be made. If guest fails to do so the guest may not be able to gain access to the Property. If Guest fails to arrive by midday on the day after the Arrival Date and has not advised the contact of the anticipated late arrival, Rental Agent may treat the booking as having been cancelled by Guest.
PAYING FOR THE BOOKING
The Guest is required to pay a 50% booking deposit which is calculated against the rental rate (20% of the rate of the rental is non-refundable)
The Guest is required to send to Rental Agent the payment for the balance of the Rental and the Security Deposit at least 60 days prior to the Arrival Date as set out in the written confirmation. If the Guest fails to make the payment due to the Rental Agent in full and on time the Rental Agent may treat the booking as cancelled by the Guest.
Security deposit values, Villas from $300.00 to $1000.00 - Townhouses $200.00 – Apartments & Cottages $150.00
The Rental Agent will hold the Security Deposit to be applied against any additional cleaning and/or replacement of the property, furnishings, fixtures and fittings.
The rental agent will return the Security Deposit to the Guest within 48 hours of check out, less any deductions in accordance with the conditions listed herewith.
The Guest agrees to keep and leave the Property and the furnishings, kitchen equipment, crockery, glasses, clean and in good condition.
The Guest agrees not to cause any damage to the property.
If the Guest cancels or amends the booking, the Guest is required to confirm the cancellation in writing or by email to the Rental Agent. A cancellation will not take effect until the rental agent receives written confirmation from the Guest.
If the Guest cancels the booking more than 60 days prior to the Arrival Date, Rental Agent will retain 20% of the rate of the rental and refund the balance of any monies the Guest has paid to Rental Agent.
If the Guest cancels the booking 60 days or less prior to the Arrival Date, Rental Agent reserves the right to retain 50% of the Rental.
If the Guest cancels the booking 30 days or less prior to the Arrival Date, Rental Agent reserves the right to retain 100% of the Rental.
In the event the Property is not available for use during the Rental Term due to reasons, events or circumstances beyond the control of Rental Agent, Rental Agent will apply due diligence and good faith efforts to locate a replacement property that equals or exceeds the Property with respect to occupancy capacity, location and value that meets the reasonable satisfaction of the Guest.
If such replacement property cannot be found and made available, Rental Agent shall immediately return all payments made by the Guest, whereupon this Agreement shall be terminated and Guest and Rental Agent shall have no further obligations or liabilities in any manner pertaining to this Agreement.
The Guest agrees that no more than [Max Guests] persons shall be permitted on the Property at any time during the Rental Term, all of whom shall comply with the conditions and restrictions imposed upon Guest under this Agreement.
CONDITION AND USE OF PROPERTY
The Property is provided in “as is” condition. Rental Agent shall use its best efforts to ensure the operation of all amenities in the Property, such as internet access, satellite or cable TV access or hot tubs, fireplaces as applicable.
Rental Agent shall not be held responsible for such items failure to work, but will make every effort to correct any issues as reported as quickly as possible.
The Guest acknowledges that use of amenities such as hot tubs, pools, spas, fireplaces, decks, and the like may be potentially dangerous and involve potential risks if improperly used, particularly with regard to children and such use is at the Guest’s own risk.
The Guest shall use the Property for residential purposes only and in a careful manner to prevent any damage or loss to the Property and keep the Property in a clean and sanitary condition at all times.
The Guest must dispose of all rubbish during and at the end of their stay.
The Guest and any additional permitted guests shall refrain from loud noise and shall not disturb, annoy, endanger, or inconvenience neighbours, nor shall Guest use the Property for any immoral, offensive or unlawful purposes, nor violate any law, association rules or ordinance, nor commit waste or nuisance on or about the Property.
The Guest agrees not to cause a nuisance or annoyance to the rental agent or to any other occupier of adjoining or neighbouring properties. No smoking or pets allowed in the property.
If the Guest should fail to comply with the conditions and obligations of this Agreement, the Guest shall surrender the Property, remove all Guest’s property and belongings and leave the Property in good order and free of damage. No refund of any portion of the Total Rental Fee shall be made and if any legal action is necessary, the prevailing party shall be entitled to reimbursement from the other party for all costs incurred.
ASSIGNMENT OR SUBLEASE
The Guest shall not assign or sublease the Property or permit the use of any portion of the Property by other persons who are not family members or guests of the Guest and included within the number of and as permitted occupants under this Agreement.
RISK OF LOSS AND INDEMNIFICATION
The Guest agrees that all personal property, furnishings, personal affects and other items brought into the Property by Guest or their permitted guests and visitors shall be at the sole risk of Guest with regard to any theft, damage, destruction or other loss and Rental Agent shall not be responsible or liable for any reason whatsoever.
The Guest hereby covenants and agrees to indemnify and hold harmless Rental Agent and their agents, owners, successors, employees and contractors from and against any costs, damages, liabilities, claims, legal fees and other actions for any damages, costs, attorneys fees incurred by Guest, permitted guests, visitors or agents, representatives or successors of Guest due to any claims relating to destruction of property or injury to persons or loss of life sustained by Guest or family and visitors of Guest in or about the Property and Guest expressly agrees to save and hold Rental Agent harmless in all such cases.
The Guest hereby waives and releases any claims against Rental Agent, the Property owner and their successors, assigns, employees or representatives, officially or otherwise, for any injuries or death that may be sustained by the Guest on or near or adjacent to the Property, including any common facilities, activities or amenities. Guest agrees to use any such facilities or amenities entirely at the Guest’s own initiative, risk and responsibility.
ENTRY AND INSPECTION
Rental Agent reserves the right to enter the Property at reasonable times and with reasonable advance notice for the purposes of inspecting the Property or showing the Property to prospective purchasers, renters or other authorized persons. If Rental Agent has a reasonable belief that there is imminent danger to any person or property, Rental Agent may enter the Property without advance notice.
Every effort has been made to ensure that the guest has an enjoyable and memorable holiday. If however, guest have any cause for complaint it is important that remedial action is taken as soon as possible.
It is essential that the guest contact the rental agent if any problem arises so that it can be speedily resolved. It is often extremely difficult (and sometimes impossible) to resolve difficulties properly unless the rental agent are promptly notified. Discussion of any criticisms with the rental agent whilst you are in residence will usually enable shortcomings to be rectified straightaway. In particular, complaints of a transient nature (for example, regarding preparation or heating of the Property) cannot possibly be investigated unless registered whilst the guest is in residence.
If any complaint cannot be resolved during the holiday, the Guest must write to the rental agent with full details within 28 days of the end of it.