LOST BEACH VACATIONS
SAMPLE VACATION RENTAL AGREEMENT
This Rental Agreement (the “Agreement”) is made by and between Lost Beach Vacations Rentals S.R.L. (“LBV”) and the person named below (“Guest”) as of the date set forth on the signature page of this Agreement. For good and valuable consideration, the sufficiency of which is acknowledged, the parties hereby agree as follows:
GUEST, PROPERTY, AND RESERVATION INFORMATION
[Our reservation system will display reservation information including arrival date, departure date, condominium unit, rent, guest name, etc.]
Please enter the names and ages of all condominium occupants (required):
I have reviewed the information above and confirm that it is correct.
Guest Signature ___________________________
CONDOMINIUM AND COMMON AREA RULES
Guest agrees to abide by the Condominium Rules attached as Exhibit A at all times while at the property, including, but not limited to, the condominium and common areas, and shall cause all members of the rental party and anyone else Guest permits on the property to abide by the following rules at all times while at the property.
Rates are quoted on a per night, per week or per month basis as noted. Unless otherwise noted, rates do NOT include maid service, gratuities, car rental, food, liquor, laundry, tours, transportation, personal items, or excessive cleaning upon departure (i.e. upholstery or rug shampooing, etc.).
Unless otherwise specified, rates are quoted for two people per condominium bedroom (e.g., 4 people for a 2-bedroom condominium, 6 people for a 3-bedroom condominium), additional guests require written preapproval from LBV and are subject to a per person, per day fee. Charges vary and are subject to change without notice.
TERM OF THE LEASE
The lease begins at 3:00PM on the check-in date, and ends at 11:00AM on the check-out date.
RESERVATIONS AND PAYMENTS
A completed and signed Agreement and rental deposit equal to at least twenty-five percent (25%) of the total reservation amount must be received and accepted by LBV before LBV will confirm the reservation related to this Agreement. Final payment of the remaining balance due must be received by LBV at least thirty (30) days prior to the Check-in Date (or immediately if booked less than thirty (30) days in advance of the Check-in Date). Failure to pay the remaining balance due on a timely basis in accordance with the previous sentence will make such reservation subject to automatic cancellation with no refund of any funds already received by LBV. LBV will charge the credit card on file on the thirtieth (30th) day before the Check-in Date unless other arrangements are made and agreed to in writing by LBV.
CONDITION AND USE
The condominium shall be in the same condition upon departure as at check-in, normal wear and tear excepted. Guest will maintain the property and all furnishings in good order, and only use the appliances for their intended uses (including only cooking in areas specifically designated for cooking). Guest must immediately notify LBV of damage to the property, including, but not limited to, the condominium and common areas.
LBV or its agents may enter the property, including the condominium, at reasonable times for any reason, including, but not limited to, making repairs and providing maid service. LBV will attempt to, but is not required to, provide notice and will knock loudly at least two times and loudly announce itself before entering.
Guest may not sublet or assign its reservation or this Agreement without the prior written consent of LBV.
Guest agrees to be fully responsible for any and all cost of damages and costs of replacement items caused by Guest, its guests, invitees and any other person that Guest admits to the property. This includes, but is not limited to, stains on towels and linens, as well as any items that are lost. Guest agrees that LBV can charge the credit card on file for all fines and damages charged to Guest, and Guest will not attempt a chargeback to Guest’s credit card for charges for the costs of damaged and/or replacement items. If Guest does not have a credit card on file, Guest will pay cash for such costs of damages and/or replacement items.
LBV recommends that Guest calls the LBV office (front office 4001-5226) the day before the Check-out Date to schedule a time to review the condominium prior to leaving. LBV shall have 72 hours after the Check-out Date to review the condominium for damages and/or missing items.
OPTIONAL INSURANCE PLAN
LBV offers an optional insurance plan that covers unintentional damages to the interior of the condominium with the following terms and conditions:
Premium (i.e., the upfront cost): The premium for the optional insurance plan is $20 plus $10 multiplied by the number of nights of the reservation. For example, the premium for a three-night reservation would be $20 + (3 x $10) = $50. If Guest elects to purchase the optional insurance plan, Guest must purchase the optional insurance plan for the entirety of the reservation. If LBV does not receive payment of the premium before the Check-in Date, then the parties agree that Guest has waived its option to purchase the optional insurance plan, and, in accordance with Section 10 of this Agreement, Guest will be responsible for all damages, including, but not limited to, unintentional damages to the interior of the condominium.
Deductible & Coverage Limit: The optional insurance plan has a deductible of $250 and a maximum protection limit of $750. If Guest elects to purchase the optional insurance plan, Guest is responsible to pay for the first $250 of unintentional damages to the interior of the condominium, the optional insurance plan will pay for the next $750 of unintentional damages to the interior of the condominium, and Guest is responsible to pay for all unintentional damages to the interior of the condominium thereafter. For example, if Guest does $150 of unintentional damage to the interior of the condominium, then Guest will be responsible to pay the entire $150. If Guest does $600 of unintentional damage to the interior of the condominium, then the Guest will pay the first $250 and the insurance plan will pay the remaining $350. If Guest does $1,300 of unintentional damage to the interior of the condominium, the Guest will pay the first $250, the insurance plan will pay the next $750, and the Guest will pay the remaining $300 (in total the Guest would have paid $550 and the insurance plan would have paid $750). Guest agrees that LBV can charge its portion for the unintentional damages to the interior of the condominium to Guest’s credit card on file, and Guest will not attempt a chargeback to Guest’s credit card for charges for the costs of such damages. If Guest does not have a credit card on file, Guest will pay cash for its portion of the unintentional damages to the interior of the condominium.
Evidence: If LBV finds any unintentional damage to the interior of the condominium, LBV must provide Guest with a written statement within 14 calendar days after the Check-out Date.
Limitations: The optional insurance plan does not cover the following. In accordance section 10 of this Agreement, Guest is responsible for the following: a) Any intentional damages b) Any damages done outside of the condominium c) Any damages or loss to the personal property and belongings of Guest d) Any damages not reported to LBV before the Check-out Date e) Any missing items.
Guest Election: I have read and understand the terms and conditions of the optional insurance plan and I have indicated my election below. I understand that if I decline the optional insurance plan that, in accordance with Section 10 of this Agreement, I will be responsible to pay for all damages, including, but not limited to, unintentional damages to the interior of the condominium.
GUEST CHOICE (select one): YES / NO
If Guest does not elect to purchase the optional insurance plan described in Section 11 of this Agreement, In order to assure payment of items charged to Guest, LBV may require, in its sole and absolute discretion, that Guest provide a security deposit of up to $1,000 (either in the form of cash or in the form of a pre-authorized credit card hold) to protect against any damages and/or missing items. The deposit will be returned to Guest, minus deductions, not later than 14 calendar days after the Check-out Date. If LBV deducts any amount from the security deposit, LBV must provide Guest with a written statement within 14 calendar days after the Check-out Date explaining such deductions. Deductions will be made in LBV’s sole and absolute discretion, and can be made for the following reasons: to repair or replace anything that is damaged or missing; to pay any and all amounts due; to replace unreturned keys; additional cleaning expenses and/or cleaning excessive dirt (i.e. stained carpets, furniture, walls, appliances, etc.), and to return the condominium to the condition it was in prior to the Check-in Date. If the security deposit is insufficient to cover the costs of such damages and/or missing items, Guest agrees that it must pay the extra amount, and it authorizes LBV to charge the credit card provided.
LIMITATION OF LIABILITY
Under no circumstances shall LBV be responsible for any loss, expense, damages, claims or injury direct, indirect, consequential or otherwise whatsoever, howsoever caused or incurred whether arising in contract or otherwise in law or equity as a result of rendering of the services or accommodations as described or substituted herein, and including, without restricting the generality of the foregoing, as a result of any delay(s), substitution(s), rescheduling(s) or change(s) in the provision of services or accommodations by LBV or by reason of military actions, revolution, acts of God, government agencies, or unforeseen circumstances or events, by any agents, owners, employees, subcontractors, servants or services as substituted. LBV, at all times will act in good faith and use its best efforts to substitute with accommodations or services of a type as comparable as possible to those contracted. LBV will not be liable under any circumstances, including substitutions, to refund any unused portion of booked accommodations or services.
Guest agrees that LBV is NOT responsible for any of any loss of or damage to Guest’s personal property and belongings, and Guest agrees to bear full responsibility for any such loss or damage, including, but not limited to, damage from fire, water, theft, or any other cause.
Some activities in which Guest may engage are especially dangerous, including, but not limited to, scuba diving, snorkeling, deep-sea fishing, boating, swimming, boogie boarding, surfing, hiking, biking and mountain climbing. Guests may encounter additional risks, including, but not limited to, slippery floors and stairs (especially when wet), lanais with spaces between rails (which may be especially dangerous for little children), waves and precipitous drop-offs on the ocean floor, unfenced pools, faulty electrical or plumbing systems, gas BBQ grills, clean/clear sliding glass doors, and dangerous stairs or pathways. Guest agrees that it is voluntarily participating in any and all activities, risks, and use of the accommodations, and hereby assumes all risk of injury, illness, damage or loss to person and property that might result, including, but not limited to, any personal injury and loss or theft of personal property. By agreeing to this Agreement, Guest acknowledges that in all events and circumstances, LBV, its officers, agents, and employees shall not be liable.
LBV reserves the right, in its sole and absolute discretion, to cancel, terminate, and/or rescind this Agreement if it is found that Guests is breaking the rules attached hereto in Exhibit A.
Guest understands that there are certain inherent risks to person and property located adjacent to the ocean, including the possibility of drowning. Guest acknowledges that LBV would not rent the property unless Guest accepts responsibility for itself, its guests, invitees, service providers, and any other persons that Guest invites to the property, of all inherent risks associated with being adjacent to and swimming in the ocean.
Guest acknowledges that the condominium is privately owned. Gust agrees that the owners of the condominium are not responsible for any accidents, injuries or illness that occurs while on the property or its facilities. The owners of the condominium are not responsible for the loss of personal belongings or valuables of the Guest. By signing this Agreement, Guest expressly assumes the risk of any harm arising from itself, its guests, its invitees, and anyone else that Guest invites to the property.
NOTICE OF ABSENCE
Guest agrees to tell LBV at least two (2) calendar days in advance if Guest will be absent from the property for more than four (4) calendar days.
HOLDOVER, ABANDONED POSSESSIONS AND SERVICE OF NOTICES
If Guest stays in the unit, without written permission from LBV after the check-out time on the Check-out Date, Guest will be considered a holdover tenant, and may be liable for twice the rent under this Agreement on a prorated daily basis for each day Guest is a holdover tenant. If Guest leaves any personal property, which LBV determines to be of value, LBV will attempt to contact Guest. If Guest does not respond within 20 days of receiving such notice from LBV, LBV may advertise the items for sale or dispose of them.
CANCELLATION AND REFUNDS
Cancellation more than 30 days prior to Check-in Date. Guest may cancel the reservation related to this Agreement any time prior to 30 calendar days before the Check-in Date for a cancellation fee equal to the greater of $150 or ten percent (10%) of the total reservation amount.
Cancellation less than 30 days prior to Check-in Date. In the event that Guest cancels the reservation related to this Agreement less than 30 calendar days before the Check-in Date, all funds received by LBV from Guest will be forfeited, but Guest will not be charged for the remaining balance of the reservation amount.
No shows: In the event that Guest does not show up to the property on the Check-in Date, Guest will receive no refund and will be charged for the entire remaining balance of the reservation amount.
Should the condominium become untenable or unavailable due to unforeseen events, acts of God, or the sale of the condominium, LBV reserves the right to substitute comparable accommodations without liability. Upon notification of the change, Guest will be given the opportunity to cancel the reservation related to this Agreement with no penalty should the revised condominium not be acceptable.
IN WITNESS WHEREOF, the parties hereto warrant that they have read and understand this Agreement and agree that this is a legally-binding document. By their signatures below, the parties hereto agree to abide by and be bound by this Agreement. The undersigned has each caused this Agreement to be executed as of the date set forth opposite their signatures
_______ I agree that this is a legally binding document and I have read all terms and conditions in this document.
Please sign to and accept this Agreement and to confirm your rental reservation.
Thank you for choosing to stay with Lost Beach Vacations!
Exhibit A – Condominium Rules
LBV strives to provide a family-friendly and peaceful environment. Any behavior, conduct, or activity to the contrary is strictly prohibited. These rules are strictly enforced. Please respect these rules and those around you. These rules are in place for the safety and well-being of all owners, guests, and renters.
- CRUDE, OFFENSIVE, LOUD (GREATER THAN 65 DECIBELS), DISORDERLY, UNLAWFUL, DANGEROUS, INTOXICATED, AND/OR LEWD BEHAVIOR IS STRICTLY PROHIBITED AT ALL TIMES.
- Quiet hours are between 10:00PM and 8:00AM. No noises louder than 55 decibels.
- Guest must register all of its guests, invitees, and any other person that Guest intends to admit to the property at check-in unless there is prior written approval from LBV; any person that is not registered is not allowed on the property, including the pool and common areas.
- No more than two (2) people per bedroom unless there is prior written approval from LBV.
- Absolutely no smoking in the condominium or in the common areas. Smoking is only allowed on the balcony of your condominium with the doors and/or sliders closed. If the smell of smoke is found in the condominium there will be a minimum fee of $250 for cleaning.
- Pool opens at 8:00AM and closes at 10:00PM.
- No lifeguard on duty; swim at your own risk.
- ABSOLUTELY NO DIVING. No entering the pool from any non-ground level area such as rocks, waterfalls, or the condominium decks.
- No glass in the pool or its surrounding areas. If Guest, its guests, invitees, and any other person that Guest admits to the property brings glass to the pool and it breaks Guest will have to cover the cost to drain, repair, and refill the pool, which will be a minimum of $2,500.
- No removing any furniture from the common areas and no reserving chairs, tables, stands, and/or other furniture in the common areas for more than 30 minutes without use.
- No parties or events without the prior written authorization of LBV.
- No pets (unless it is a service pet for medical reasons; must be preapproved by LBV).
- Children under the age of 12 must be supervised and accompanied by an adult at all times.
- No drying clothing, bathing suits, or towels on balconies (please use dryer in unit).
- No drugs, firearms, fireworks, or fires of any kind are allowed on the property.
- Cutting, nailing, or damaging the property is strictly prohibited. Climbing on decorations (such as waterfalls) or landscaping (such as trees) is prohibited.
- No outside soliciting.
- Guest must escort all of its guests, invitees, service providers, and any other person Guest admits to the property off the property.
- No catering or outside music permitted without prior written consent from LBV.
- All garbage must be disposed in the proper garbage or recycling receptacle.
- Key Cards are used for identification purposes, such as entering the property. Guest is responsible to return all key cards that it received upon departure. If you Guest fails to return any of the key cards it received, it will be charged a fee of $15 per unreturned key card (please return all key cards to the main office or leave next to the phone in the condominium).
- No removing any furniture from the Condominium (including the patios, decks, and rooftop terraces).
- Please rinse sand off of feet prior to entering the condominium.
- Do not flush anything other than toilet paper down the toilet.
The interpretation, determination, and enforcement of these rules is in the complete and sole discretion of LBV. If LBV determines that Guest, its guests, invitees, and any other person that Guest admitted to the property has violated any of these rules, LBV may fine Guest up to $500 per offense, require Guest to pay for actual expenses for damages related to such offense, and/or eject Guest from the property without refund.
By signing below, I, the Guest, acknowledge that I am aware of, understand, and agree to abide by these Condominium Rules and related enforcement provisions. Furthermore, I agree to abide by all rules and regulations of any condominium association that the condominium may be a part of. I understand that I am liable for all acts of my guests, invitees, service providers, and any other persons that I invite to the property. If LBV determines, in its complete and sole discretion, that I have violated any of these rules, I agree to abide by LBV’s enforcement decision, including paying any fines levied against me, and I agree to peacefully leave the property without refund if LBV decides to eject me from the property for violating the rules. I agree that all enforcement decisions by LBV are final. Furthermore, I agree that I am fully responsible for any and all cost of damages and costs of replacement items caused by me, my guests, invitees and any other person that I admit to the property. I agree that LBV can charge the credit card on file for all fines and damages charged to me, and I will not attempt a chargeback to my credit card for charges for the fines and/or costs of damaged and/or replacement items. If I do not have a credit card on file, I will pay cash for such fines and/or costs of damaged and/or replacement items.
I agree to abide by the Condominium Rules.