Rental Agreement (revised December 1. – 2019)
This Rental Agreement and Contract (the “Agreement”) is a legally binding agreement made and entered into as of the confirmed Reservation Date and between the undersigned person(s) or company (the “Guest”) and the owner, manager, host, BahamasVacationClub, Power Windsun LLC or agent (the “Rental Agent”), pursuant to which the Guest has agreed to rent the residence described and confirmed (the “Property”), for the duration of the Rental Term for the Total Rental Fee and other good and valuable consideration as described herein. This term and conditions do not exeminate any other terms and conditions or agreements from third parties and are accepted by the guests as additional if the booking was made on a by a third party provided service or plattform.
1. 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 as applicable. The 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. If a Guest experiences any problems whatsoever with the Property during their stay, please contact the Rental Agent immediately and we will do our best to rectify the matter as soon as it is practically possible. 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 clean and sanitary condition at all times. Guest assures that all Guests will observe all conditions and terms of this agreement as to maintaining the rental in good order and appearance and will conduct themselves in a manner inoffensive to neighbors. Guest will refrain from loud noise and shall not disturb, annoy, endanger, or inconvenience neighbors, 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. Guest acknowledges that use of Property and amenities including but not limited to hot tubs, pools, spas, high chairs, cribs, air mattresses, fireplaces, decks, docks and the like may be potentially dangerous and involve potential risks if improperly used, particularly with regard to children and such use is entirely at the Guest’s own initiative, risk and responsibility. It is particularly important that children are supervised at all times in and outside the vacation property. You are reminded to exercise care as to your personal safety, and the safety of your companions as we do not accept any liability during your vacation.
2. CITY ORDINANCES: Depending on the property’s location, cities ordinances as to noise and other disturbances may vary. It is the Renter’s responsibility to adhere to the local laws and ordinances. Any violation that causes the police to be dispatched or code enforcement to file a complaint will automatically forfeit the security deposit.
3. TRASH DISPOSAL: It is the guest’s responsibility to put out trash on trash days posted. Excess trash beyond the capacity of the provided trash bin will have to be removed by our staff and causes an “excess trash fee” of $30. Please be aware that in some cities putting out trash on non-trash days or not removing empty bins is a code violation and mat affect your security deposit (ref. to CITY ORDINANCES).
4. DEPOSIT AND PAYMENTS: Initial deposit and payment for reservation is due at time of booking. Final payment is due 60 days prior to check-in date unless the reservation is within 60 days of initial booking at which point the entire payment is due. (unless otherwise agreed) Guest will automatically receive invoices when payments are done so please ensure the email address provided on the reservation is correct. Payments are processed through the host with both Credit Card/Debit Card and ECheck options available. Directly mailed checks or wire transfers are also an acceptable form of payment, as is cash-on-arrival if prior arrangements to that effect are made. There is a $50 charge for all returned checks and chargebacks plus the cost of collection. Guest understand and consents to the use of the rental agreement acceptance and payment process through the host processing without original signature and that the payment authorization cannot be revoked once payment is made and the agreement is accepted.
5. RATES: Rates, terms, fees and applicable taxes are subject to change without notice before booking is confirmed. Booking is considered confirmed after first payment is made, a 24h period and payment is cleared.
6. CANCELLATION: All bookings made with BahamasVacationClub or any related booking platform are none refundable unless agreed otherwise in writing. Once the reservation is confirmed and payment has been made both parties have the right to cancel the reservation within 24h. Payments made are nonrefundable after 24h. Just as our renters are making plans and arrangements under the assumption of having a home secured, our home owners take it off the market no longer making it available to other guests to rent.
7. REFUNDABLE DEPOSIT: Guest agree that a refundable security deposit (depending on house size – more details in the booking confirmation or booking platform or house arrival form) of up to $500 will be charged. The security deposit will be released 24 hours or 7 days after your check-in, whatever is later. Additional damages which exceed the security deposit will be charged automatically with a 24h notification. The guest agrees already to such charges and withdraws their right for a credit/debit card dispute after 24hours.
8. DAMAGE PROTECTION INSURANCE: If applicable, the purchase of Rental Unit Damage Protection Insurance covers unintentional damages to the rental unit interior/exterior that may occur during a Guest stay, provided they are disclosed to management prior to check-out. The policy will pay a maximum benefit of $1,500. If, during a Guest stay at one of our Rental Properties, a Guest causes any damage to real or personal property of the unit as a result of inadvertent acts or omissions, the Insurer will reimburse Rental Agent for the cost of repair or replacement of such property up to a maximum benefit of $1,500. Certain terms and conditions apply. Full details of the Rental Unit Damage Protection coverage are contained in the Certificate of Insurance or Insurance Policy. By submitting payment for this plan, Guest authorizes and requests the rental agent to pay directly to the homeowner any amount payable under the terms and conditions of the Rental Unit Damage Protection Insurance. Guest also agrees to cooperate in full with the host.
9. CHECK IN AND CHECK OUT: The rental period begins at 4:00 p.m. on the day of arrival and terminates at 10:00 a.m. on the day of departure unless prior arrangements have been made in advance. Early check-in and late check-out are based on availability and can be requested in writing 3 days prior to arrival. Early check-in prior to 4:00pm is a charge of up to $50 p. hour. Late check-out from 10:00am to 1:00pm will incur an extra charge of up to $50 p. hour (Early check-in and late check-out are only available on request). Any checkout after 1:00pm but prior to 12:00am will incur a charge of 1 nights stay plus fees and taxes. Unlike a hotel with a large cleaning staff onsite, the rental agent must coordinate all cleanings well in advance and accordingly. There is time and fees charged to us associated with early, late and overtime cleanings to accommodate guest special requests. The owner also incurs extra expenses related to added guest use of the home including utilities, wear and tear, liability and maintenance. If a guest attempts to check-in before or check-out after standard time without receiving approval from the Rental Agent for early check-in and late checkout and paid all applicable fees, the guest agrees their refundable deposit will be forfeited in full as penalty. We ask our guests to understand non-compliance with this policy impacts other guest stays and has been adopted in accordance with check-in and checkout policies of many local hotels and vacation rentals. Rental Agent takes a new reservation which conflicts with an approved early check-in or late check-out, associated fees paid will be refunded to guest and normal check-in and check-out times will be followed.
10. ONLINE CHECK-IN AND ARRIVAL REGISTRATION: Guests agree to fill out an online check-in form as well as an arrival check-in form and provide additional information (for example: address, name of additional guests). Further, the guests are required to provide a valid credit card / debit card for security deposit or any additional charges which will accumulate during their stay. Guests need to provide any kind of photo identification like passports, driving license or ID card to prove their identity.
11. OCCUPANCY: Guest agrees that no more than the maximum persons advertised on the rental listing shall be permitted on the Property during the Rental Term without prior approval of Rental Agent, all of whom shall comply with the conditions and restrictions imposed upon Guest under this Agreement. Most homes offer accommodating additional guests for a $50/night fee (unless otherwise agreed by the host), but some town ordinances cap occupancy and it is unlawful to exceed the set maximum occupancy. In any case, the maximum number of guests can not exceed the maximum occupancy limit of the booked house. Visitors are counted as guests (Visitors = Individuals entering the house at any time or for any period of time) and have to be registered as well. In case the guest is not informing the host about visitors or additional guests, the host has the right to charge the full amount of the security deposit plus an additional guest fee of $50/per visitor (minimum 200$). The guest is fully responsible for any additional visitors or guests.
12. ASSIGNMENT OR SUBLEASE: 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. Hosting events or parties is strictly prohibited and results in automatic forfeiture of the security deposit, unless prior arrangements have been made and written permission has been obtained.
13. CLEANLINESS OF PROPERTY: The property is professionally cleaned and inspected before and after each rental to ensure that all guests have a clean comfortable stay. Any cleanliness issues noticed upon arrival should be reported to the owner within 3 hours of check-in and accordingly the cleaning service will be notified to address issues at no additional expense to the guest. If cleanliness issues are not reported within the 3 hour time period it is our assumption the home is prepared to your satisfaction. Guest agrees that during the term of this agreement and such further time as he/she occupies the premises, he/she will keep the rental clean and free of trash, garbage, and other waste and all debris and ensure garbage and discards are placed in proper containers. Guest will be provided with garbage collection days during their stay found in the provided check-in instructions and are responsible for placing receptacles on the curb for pick up the night before as to not overload trash bins. Please note that we are located in a tropical State, insects are occasionally inevitable. The vacation property is treated periodically as part of a pest control program. Guests agree, that because of that any insects at any part of the property do not legitimate for a refund or deduction of the rental rate.
14. DAMAGE, THEFT AND HOUSE INVENTORY:
14.1 Any damage or general maintenance issues noticed upon arrival should be reported to the owner within 3 hours of check-in. If no reported issues are received within the 3 hour time period it is our assumption the home is in good working order with no damage to be reported. If damage to the Property does occur during the Rental Term(including linens), Guest certifies they will inform the Rental Agent and cooperate in full with the Rental Agent in submitting any and all paperwork necessary for a claim on a timely basis. Claims can be filed against both refundable deposits and damage protection insurance. All items found within the home including but not limited to electronics, linens, supplies and furnishings are the property of the owner and owner’s agent. Guest will be held responsible and the owner and owner’s agent reserve the right to pursue legal action if necessary if it’s deemed items are missing or stolen from the home.
14.2 The Guest received a full list of the house inventory and agreed to this inventory as given unless informing the owner of any missing items within a timeframe of 24h after check-in. The guest agrees to pay for any missing or damaged items after check out. The host has a 72h timeframe to report such missing or damaged items to the guests and can charge the guests after 24h of the report without further notice. The guests agree to these charges unless denigin them in writing within this 24h period. Guests agree to receive further details about individual house inventory and pricing for lost or damaged items on the check-in (date).
15. LOCKED COMPARTMENTS: Locked cabinets, closets and compartments are not for guest access and the contents therein are for owner and Rental Agent use and access only. Violation of this policy will trigger forfeiture of security deposit.
16. WATERFRONT PROPERTY: If applicable, boats docked at waterfront property are private property and under no time or circumstance are they to be boarded, tampered with or damaged. Guests who do not adhere to this policy will be prosecuted to the fullest extent of the law and will be responsible for any and all damage to property and legal fees incurred by owner in prosecution of Guest. Boat owner, crew and their associates are granted access to the boat around the side of the home as to not disturb guests. Guests agree and accept that the host is not responsible for any weather, temperatures and/or surroundings including but not limited to beaches, ocean, landscape, neighborhood or public work.
17. NO SMOKING: Smoking is not allowed in any of our properties. Smoking is not allowed outside by any open window/door. Smoking is permitted on balconies or patios as long as the doors and windows are closed and the butts are discarded properly.
18.1. PET POLICIES (Allowed in pet friendly homes ONLY guests must refer to property listing and notify rental agent in advance): Guests are required to notify manager of any pet occupying a property in advance and is responsible for a $200 per pet fee. There is a maximum of two pets per property allowed. Guest pets must be treated for fleas and ticks prior to arrival in addition to having proper vaccinations. Guests must pick up after pets and tightly tie the remnants in a plastic bag which must be disposed of in outside garbage receptacles. Pets are not allowed on the furniture and all pet hair must be cleaned up prior to departure. A $250 fee will be charged as if there is any report of pet hair on bedding and sofas. Guest pets must be leashed at all times when outside of the property and under no circumstances are Guest pets allowed on the beach. The violation of any terms of this pet policy subjects the guest to additional fines or termination of the rental period. Guest pet policies and property availability are subject to change per manager, owner, county association rules and regulations at any time.
18.2. GUEST who request a forgotten to be shipped will pay a $50 fee plus the cost of shipping.
18.3 GUEST who loses or doesn’t return keys upon checkout will pay a charge of $120 per key.
17.3. GUEST certifies that they meet the minimum age requirement of 18 years old to rent the home and an adult over the age of 21 will be staying at the residence for the full duration of the stay.
18.4. GUEST agrees that any Guest who is found using drugs or allows others to use drugs on the premises will be immediately denied continued occupancy at these premises. The Host has the right to charge the full security deposit and in case a special cleaning is needed plus additional costs therefore.
18.5. GUEST assures that if any Guest should fail to comply with the conditions and obligations of this Agreement, 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.
19. 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.
20. UNAVAILABILITY OF PROPERTY: 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.
21. RISK OF LOSS, RELEASE OF LIABILITY AND INDEMNIFICATION: Guests can request special security introduction for each property on check in date. This will include information about door locks, security issues and/or special behaviors. In case the guests is not requesting such special introductions on check in, the guests accept and agree that he/she is familiar with locking doors, safely storing valuable items and preventing any third party from entering the property/house. 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. Whenever possible, valuables should be left secure and out of sight. Rental Agent accepts no responsibility or liability for any loss or damage or alteration to the terms of your reservation caused by events beyond our control, including but not restricted to war, terrorist activity, civil commotion, flight delays, or cancellations, airport closures, loss of luggage, adverse weather conditions, fire, flood, or industrial dispute. Rental Agent cannot accept any liability for failure of public supplies such as water, electricity, Internet or breakdown of the air conditioning system nor for the consequences of the action or omissions of persons who may control or supply main services, or any actions taken in the vicinity of the property reserved, by any authority over which there is no control. Guest hereby covenants and agrees to indemnify and hold harmless Rental Agent and their agents, owners, successors, employees and contractors, officially or otherwise, from any and all costs, damages, liabilities, claims, legal fees and other actions initialed 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 including any common facilities, activities or amenities. Guest expressly agrees to save and hold Rental Agent harmless in all such cases caused by the guests either intentionally or negligently and or caused by the negligence of the owners.
22. UTILITIES. Guests acknowledge that utilities servicing the Property (i.e., water, electricity, Direct TV and internet) may be subject to interruption from time to time and the tenant assumes such risk. No refunds shall be made to Tenant on account of utility interruption.
23. CHANGES IN THE RENTAL PERIOD. Any requests for changes to the Rental Period by Guest will be reviewed on a case by case basis and will be approved or rejected (in whole or in part) in the sole discretion of Agent or Owner. All deposits and payments are non-refundable except as provided herein. In the event that the Owner enters into a Sale Contract for the Property, the Agent or Owner shall have the right to cancel the rental agreement upon a minimum of ninety (90) days advanced written notice. In the event of such cancellation, the tenant shall be entitled to a full refund of all of Tenants deposits made hereunder. Tenant agrees that under no circumstances will the Agent or owner be liable for any other expenses in connection with such cancellation.
24. No refund will be paid by hurricanes, tropical storms, pandemic or other natural disasters. This includes flight cancelations or any kind of travel restrictions.
25. Guests are responsible for the house equipment during their stay. This includes, but is not limited to outdoor equipment like: cushions, sun beds, sun protection items, and patio covers, especially in case of wind or rain. Lost items or damages will be charged in full if the guest does not comply.
26. PAYMENT: Guests agree to pay the full amount for the booking (unless otherwise agreed by the host) on the date of booking. In case a partial payment (downpayment) is agreed, the guests have to pay any other partial amount without any further notice from the host on the given date. The host has the right to cancel the reservation in case the payment is not received within a timeframe of 72h. In this case any payment done by the guests is not refundable. This includes any fees, taxes or other related payments for services rendered.
Guests autorise the host can make charges for rental rates or services on the guest provided credit card and/or debit card without further notice on agreed date. The guests will receive a payment recipe for all made transactions via email. The guests have the right to ask for a refund in writing of any charged payment within 24h in case the charge was not legitimate. After that period, the guests agree to accept that payment as legitimate.
27. GUEST DATAS / DETAILS: Guests accept that the host will save and store guests details such as names, address, phone numbers, emails, payment information, booking details or any other by the guests provided information, including automatically collected information unless the guests withdraw the right for storing such information in writing.
28. ADDITIONAL SERVICES AND/OR TOURS: The guests agree and accept, that the Rental Agent is not responsible and reliability for any tours, services or rentals except the booking for the house/property, even if the charge and booking is made with Rental Agent and/or is paid to the Rental Agent. The Rental Agent will provide the guests with the necessary contact details of such third party bookings on request. Special Cancellation policies may apply for such bookings (especially, but not limited to weather conditions) and the guests agree not to hold the Rental Agent responsible for such.
29. GENERAL PROVISIONS: This Agreement contains the entire agreement between the parties with regard to the rental of the Property, and any changes, amendments or modifications hereof shall be void unless the same are in writing and accepted by both the Guest and the Rental Agent. (House rules will be signed on check-in and will be part of this agreement). The words “Rental Agent” includes their agents, owners, successors, host, homeowners, heirs, representatives, employees and contractors, officially, BahamasVacationClub or otherwise. “Guest” shall include their respective heirs, successors, permitted guests, visitors or agents, and representatives. The waiver or failure to enforce any breach or provision of this Agreement shall not be considered a waiver of that or any other provision in any subsequent breach thereof. If any provision herein is held invalid, the remainder of the Agreement shall not be affected. Any notice required to be given under this Agreement shall be in writing and sent to the contact information included herein. This Agreement may be accepted in one or more counterparts, each of which is an original, but taken together constitute one in the same instrument. Execution of a digital signature shall be deemed a valid signature.
An actual Version of this Rental Agreement can be found under: https://bahamasvacationclub.com/terms/