Villa By the Castle's Rental Agreement
Below is Villa By The Castle’s rental agreement and information like the Terms and Conditions of this villa rental, our payment and cancellation policies, check-in and check-out time and house rules.
Please take the time to read the rental agreement and enjoy your stay at Villa By The Castle.
This Rental Agreement and Contract (the “Agreement”) is a legally binding agreement made and entered into as of the Check-in Date by and between the undersigned person(s) or company (the “Traveler”) and the undersigned owner, manager or agent (“Rental Agent”), pursuant to which the Traveler has agreed to rent the residence described below (the “Property”), for the duration of the Rental Term for the Rental Costs and other good and valuable consideration as described herein.
OCCUPANCY & AGE REQUIREMENTS
Traveler agrees that no more than 14 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 Traveler under this Agreement. The Traveler making the reservation must be 26 years of age or older and must occupy the Property the entire term of the reservation. Any breach of the above policies will result in termination of this agreement, including possible eviction of the Property and possible forfeiture of any monies paid. There are no refunds for late arrivals and/or early departures.
Any reservation obtained under false pretense by the Traveler will be subject to forfeiture of advance deposit and/or rental money and the party will not be permitted to check-in.
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. 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. Traveler acknowledges that use of amenities such as hot tubs, sauna, BBQ, pools, spas or any other recreational equipment of any kind or nature that is available on the premises 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 Traveler’s own risk.
Traveler 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. Traveler and any additional permitted Travelers shall refrain from loud noise and shall not disturb, annoy, endanger, or inconvenience neighbors, nor shall Traveler 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.
If Traveler should fail to comply with the conditions and obligations of this Agreement, Traveler shall surrender the Property, remove all Traveler’s property and belongings and leave the Property in good order and free of damage. No refund of any portion of the Total Rental Costs 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
Traveler 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 Travelers of the Traveler and included within the number of and as permitted occupants under this Agreement.
RISK OF LOSS AND INDEMNIFICATION
Traveler agrees that all personal property, furnishings, personal effects and other items brought into the Property by Traveler or their permitted Travelers and visitors shall be at the sole risk of Traveler with regard to any theft, damage, destruction or other loss and Rental Agent shall not be responsible or liable for any reason whatsoever.
Rental Agent does not accept liability for any inconvenience arising from any temporary defects or stoppage in supply of water, gas and electricity, outside construction noises or plumbing. Nor will the Rental Agent accept liability for any loss or damage caused by use of Property equipment, street construction, adverse weather conditions, natural disaster, acts of God, or other reasons beyond its control.
Traveler acknowledges there may or may not be exterior cameras present for security purposes only. There are no security cameras located inside the Property. Notwithstanding such, Traveler acknowledges and agrees Rental Agent is not liable in the event of any camera malfunction. Cameras are not monitored for guest safety in any way and should not be relied on by guests for personal security or security of their belongings. Cameras may be used to enforce and verify compliance with rental policies. Any damage caused to cameras by Traveler or their permitted Travelers and visitors may result in a partial or complete loss of security deposit funds. Traveler agrees to release Rental Agent from any and all liability arising from the presence, usage, non-usage, function, non-function, or video/image capture of the security system/cameras. Traveler also agrees to advise their permitted Travelers and visitors to the Property of the presence of said security system/cameras.
Traveler 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, attorney’s fees incurred by Traveler, permitted Travelers, visitors or agents, representatives or successors of Traveler due to any claims relating to destruction of property or injury to persons or loss of life sustained by Traveler or family and visitors of Traveler in or about the Property and Traveler expressly agrees to save and hold Rental Agent harmless in all such cases.
WEATHER / ACTS OF GOD
Rental Agent shall not be liable for events beyond their control which may interfere with the Traveler’s occupancy, including but not limited to Acts of God, acts of governmental agencies, fire, strikes, war, natural disaster or inclement weather. No rebate or refund will be offered in these circumstances. Travel Insurance is recommended.
Traveler 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 Traveler on or near or adjacent to the Property, including any common facilities, activities or amenities. Traveler agrees to use any such facilities or amenities entirely at the Traveler’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.
No items may be removed from the Property. This includes linens and towels. Please report any breakage or damage to the Rental Agent.
LINENS AND TOWELS
Rental Agent will provide linens and towels.
For the comfort of all our Travelers please note that the Property is a non-smoking home and no pets are allowed. Any pets brought on to the Property by the Travelers will be considered a breach of this contract and Travelers agrees to immediately vacate the premises. The Traveler agrees to be responsible for all damages caused by pets and agree to forfeit their security deposit in the event that an unapproved pet is found on the premises. Travelers agree that smoking is not allowed on said premises. If smoke is detected in the premises the Travelers will forfeit 100% of their security deposit.
Swimming pools are inherently dangerous and the Traveler is completely responsible for the safety of their party as no life guards are on duty. No children under the age of 4, or that normally wear diapers are allowed in the pool without wearing Swim diapers. While the pool chemistry is monitored and adjusted by a Certified Pool Operator, we cannot ensure your safety. Use at your own risk. No children under the age of 16 are permitted in the swimming pool without direct adult supervision. Excessive changes in the chemistry of the swimming pool water indicate violations of these rules and will result in a deduction from the security damage deposit. We charge a fee of $650 if the pool must be drained and refilled due to misuse by guest for any reason, including but not limited to excessive dirt, broken glass, etc.
No children under the age of 10 are permitted in the hot tub, and no children under 16 are permitted in the hot tub without direct adult supervision. Anyone using the hot tub must first shower to remove all lotions, oils and dirt. There are serious health risks associated with using hot tubs. Use at your own risk. While our hot tub chemistry is maintained by a Certified Pool Operator, we cannot assure your safety. Use at your own risk. Excessive changes in the hot tub chemistry indicate violations of the hot tub rules and will result in a deduction from the security damage deposit. We charge a fee of $300 if the hot tub water must be drained and refilled due to excessive dirt, oils, uric acid, etc.
FIREWORKS AND HAZARDOUS MATERIALS
Traveler agrees that Fireworks and other hazardous materials shall not be used in or around the Property.
Quiet hours are from 10:00 p.m. until 8:00 a.m., or as may otherwise be required by the rules of the homeowner association. Traveler agrees not to undertake any activities that interfere with their neighbors’ right to quiet enjoyment of their Property. Traveler agrees to fully comply with local noise regulations and to use common sense in keeping noise volume low after dark. Any enforcement actions by local law enforcement and/or homeowners association are at the Traveler’s sole risk and expense and may result in additional charges or immediate eviction without refund of any deposits or monies paid.
The Property may be subject to parking rules, regulations or policies as adopted and/or enforced by local government agencies or the homeowners association. Traveler is expected to be aware of, and fully comply with, such parking rules, regulations or policies. Traveler is advised not to park any trailers or motor homes at or near the Property without Rental Agent’s prior written permission. Neither the Rental Agent nor the Owner of the Property shall assume any liability or responsibility for any damage or costs incurred by any Traveler as the result of any vehicle or trailer being parked at or near the Property or being towed.
During your stay, follow the trash procedures as indicated in the house directions. Any excess garbage over and above what will fit inside the Bench Mate must be removed from the property prior to check out. When departing, please take remaining trash that does not fit in the Bench Mate to the community dumpster. If upon check-out, the cleaning service has to remove any trash that’s left in or outside the house, there will be a $50 service charge deducted from your deposit.
No events, weddings, receptions, retreats, classes, etc. (hereafter referred to as “event” or “events”) may be held at the Property without prior written consent by the Rental Agent. Written consent includes an emailed message including the phrase “we have given consent for you to hold _____ (Rental Agent inserts name of event) on the Property”.
If written consent is obtained for said events, etc., the Traveler agrees the maximum number of people on the Property at any one time will not exceed the maximum number of guests permitted for the Property. Travelers in violation of this policy shall cause termination of this agreement with no refund of rents or deposits and Traveler agrees to immediately leave the premises without compensation to Traveler for a shortened stay due to the unauthorized event, wedding, reception, retreats, classes, etc. Traveler assumes the responsibility of paying for any damages caused by any events, etc. not authorized by Rental Agent including but not limited to loss of Short Term Rental Permit and loss of income from business.
Traveler agrees to pay a $5,000 fine to Rental Agent for any and all unauthorized events on the Property to cover legal action. The $5,000 fine does not limit total fines and compensation to the Rental Agent for unauthorized events.
Further, if the unauthorized event of Traveler causes the local authority to revoke the Short Term Rental Permit of the Rental Agent, Traveler agrees to compensate Rental Agent of any and all lost future income due to the loss of the Short Term Rental Permit.
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 shall immediately return all payments made by the Traveler, whereupon this Agreement shall be terminated and Traveler and Rental Agent shall have no further obligations or liabilities in any manner pertaining to this Agreement.
ADDITIONAL TERMS TO THE RENTAL AGREEMENT
In addition to the standard terms included herein, Traveler acknowledges and agrees that the following additional terms and conditions apply to the Traveler’s rental of the Property:
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 signed by both the Traveler and the Rental Agent. The words “Rental Agent” and “Traveler” shall include their respective heirs, successors, 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 signed 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.