In consideration of the monies received and the mutual promises contained herein, Nest Vacation Rentals, LLC (“Property Manager”), property manager of the subject property (“Property”), hereby agrees to rent the Property to the undersigned, (individually and collectively referred to herein as “Guest”), on behalf of the owner of the Property, for the rental fee (“Rent”) and on the dates described in the email confirmation of terms (“Folio Quote”) sent to Guest by Property Manager in advance of execution of this Agreement.
1. Check-in Time: Check-in begins at 4:00 PM. The check-in procedure is provided as an attachment to your confirmation email. Early check-in requests will be approved if the home is ready. An early check-in fee will be charged against your security deposit (varies by home).
2. Checkout: Checkout is NO LATER than 11:00 AM on the departure date. A late checkout fee will be charged against your security deposit (varies by home). Checkout procedure is provided as an attachment to your confirmation email and can also be found framed inside the property.
3. Reservation Deposit/Payment: A non-refundable deposit of 50% (Reservation Deposit) of the Rent (excluding Security Deposit, as described herein) to hold Guest’s reservation is paid at the time the reservation of the Property is made. The remaining Rent is due no less than 30 days prior to arrival date. If the reservation of the Property is agreed upon less than 30 days prior to arrival date, then Rent is due in full when Property Manager accepts your reservation. Guest may pay for Reservation Deposit, Rent and any other required payments by Visa, MasterCard, Discover Card, American Express and eCheck only. If this Agreement is executed by more than one person, each person is individually and severally liable for the performance of all obligations under this Agreement.
4. Security Deposit: Guest hereby grants consent for Property Manager to charge Guest’s credit card a refundable Security Deposit (amount varies by property) no less than 30 days prior to arrival date. Further, Guest hereby grants consent for Property Manager to charge Guest’s credit card, as provided on the Credit Card Addendum, in any amount of actual damages to the Property arising from Guest’s use of the Property, as well as for missing items, excessive cleanup fees, and, if necessary, the cost incurred in removing Guest from the Property. Guest agrees to leave the Property in the same condition as upon Guest’s arrival. By executing this Agreement, Guest acknowledges that Guest has read and reviewed the Check-Out Instructions Addendum for the Property (Property-specific and sent after booking) and agrees to payment of any Damage Fees, applicable to Guests’ stay and acknowledges that Guest may be charged for the Damage Fees in the same manner as provided for in this paragraph.
5. Property Inspections: All problems discovered upon arrival, including inadequate cleaning and damage, must be reported in writing (email and text are acceptable) to Property Manager within 6 hours of check-in time. Property Manager and/or Property Manager’s agents reserves the right to enter premises at any time for the purpose of effecting necessary inspections, repairs or maintenance.
6. Notification: It is Guest’s sole responsibility to inspect the Property upon arrival. Guest agrees to inspect the entire Property to ensure that it is free of hazards, and properly equipped. Guest assumes the entire risk of injuries arising from use of the Property by Guest and Guest’s invitees, licensees and guests.
7. Occupancy: The maximum number of occupants allowed in the Property is stated in each Property Rental Agreement. Children over the age of 3 are included in this calculation. Overcrowding or misrepresentation as to the number of occupants is grounds for immediate revocation of this Agreement, and removal of Guest without refund. The Guest must occupy the Property. Parents may not rent the Property for their children. The Guest must be present at the Property for the entire time of the reservation, and take full responsibility for the Property. Small children are the responsibility of the Guest. The Properties should not be considered “child safe.” Children should not roam free on decks; climb on furniture; hang out of windows; or engage in other unsupervised activities. Guest takes full responsibility for all lost or broken items, and any damages to the Property of any kind.
8. Restrictions on Property Use: Guests are prohibited from engaging in any unlawful activity or any other activity that constitutes a nuisance. Violation of this provision will result in immediate eviction without refund (including damage deposit), and Guest will be held liable for any damages to the Property, contents and grounds. The Property Manager requires Guest to be a legally and financially responsible person over the age of 25 years. NO PARTIES (defined as more than the allowed number of occupants, as described in Paragraph 7, above, occupying the Property at any given time)are PERMITTED without the prior written consent of Property Manager. Violators will be removed from the Property immediately, with no refund, and prosecuted for damages and losses. Guest shall make no alterations in or about the Property, including but not limited to, moving furniture, painting, wallpapering, adding or changing locks, installing antennas, placing signs, displays or exhibits, or using screws, fastening devices, large nails or adhesive materials.
9. Pets: If pets are allowed, it will be stated in each specific Property Rental Agreement; in addition to being noted in online advertising sites.
10. Smoking Prohibited: All Nest Vacation Rental Properties are nonsmoking properties and any form of smoking is prohibited inside the Property. Violation of this paragraph is grounds for immediate removal of Guest without refund.
11. Personal Property Loss: Guests are solely responsible for personal property left in or about the Property. Property Manager and the owner of the Property shall not be held liable under any circumstances for any damages to, or loss of property. Further, Guest agrees to provide Property Manager with information related to Guest’s personal liability insurance, as provided on the attached Personal Liability Insurance Addendum.
12. Cancellations and Changes in Reservations: If a reservation is cancelled within less than 90 days written notice, Guest forfeits all monies paid and must remit the full Rent immediately, unless the Property is re-rented for the entire length, and price, of Guest’s anticipated occupancy, in which case Guest is responsible for a $200.00 rental fee or a 10% cancellation fee, whichever is greater. Guest is not due credit or a refund for early departures or inclement weather. If a change in reservation is requested, Property Manager will make reasonable effort to accommodate the change, and assess the appropriate cancellation fee as stated above. Guest hereby grants consent for Property Manager to charge Guest’s credit card for the balance of any fees due pursuant to this paragraph.
13. Subletting and Assignment: Guest may not sublet, sublicense or otherwise grant any rights to the Property. Guest may not assign the agreement without Property Manager’s prior written consent.
14. Attorney’s Fees: If Property Manager consults legal counsel or a professional collection service, for collecting any amounts due to Property Manager under this Agreement, Guest shall be responsible for all costs of litigation and/or collection in case of such, including actual attorney’s fees.
15. Limitations on Rental: Property Manager will not be liable for circumstances beyond their control, including, but not limited to, appliances or air-conditioning/heating failure, other mechanical failure, unfavorable weather, disruption of utility services including cable television, etc. There will be no relocation, rental proration or refund in the event of such circumstances. In the event Property Manager is unable to deliver the Property to Guest due to sale of Property, Property owner’s refusal, fire, hurricane, mandatory evacuation, road closure, eminent domain, Acts of Nature, construction delays or lack of utilities, Guest agrees that Property Manager’s sole liability, as a result of any of these conditions, will be a full refund of all payments tendered by Guest. Guest and Property Manager agree that in case of inadvertent double booking or occupancy by Property Manager in preparation for a hurricane, Guest will be ONLY entitled to a full refund of all monies previously tendered by Guest or in the alternative to an alternate rental period at the discretion of Guest. If Property Manager is able to relocate Guest, Guest agrees to pay the difference in rental amount, should Guest accept alternate accommodations. Guest expressly acknowledges that in no event will Property Manager be held liable for any other condition out of the control of the Property Manager, or for any incidental or consequential damages, including but not limited to, expenses that result from moving or for any other losses.
16. Tenancy: The Guest acknowledges that this is NOT a tenancy for the Property. The Property is not rented for more than 30 days, and is taxed and treated as a transient occupancy, akin to hotel accommodations. Property laws do not apply to the license granted herein, and the Guest may be removed as a trespasser immediately upon termination of this Agreement. Property is rented for regular short-term periods, and for a significantly higher rate than a non-vacation rental. Often a Guest is scheduled to begin a vacation in the Property on the same day as the checkout day of the prior Guest. If Guest stays past the time of check out (“Holdover”), Property Manager may face significant logistical problems with the next Guest, including possible liability. As such, Guest agrees to vacate immediately on the check-out day, at 11:00 a.m. Failure to do so will entitle Property Manager, in addition to all other remedies available to it, to: have Guest ejected as trespasser; and to physically remove Guest and all of Guest’s possessions from the Property, for which Guest hereby grants permission and consent; and obtain damages and injunctive relief against Guest.
17. Indemnification: Guest agrees to release and indemnify Property Manager and Property Owner from and against all liability should anyone be injured upon the Property during the term of occupancy, resulting from any cause whatsoever, except in the case of personal injury cause by willful gross negligence on the part of the Property Manager.
18. Property Manager Changes: Every effort is made to ensure all information on the web site and other documentation is accurate and complete. However, Property Manager is not liable for errors, omissions, mistakes, price changes and any changes by the Property Manager in furnishings, equipment, bed arrangements and other accommodations.
19. Effective Date: Notwithstanding any other assurance to the contrary, this Occupancy Agreement is not binding or effective until digitally signed by Guest, and accepted by Property Manager as evidenced by Property Manager’s acceptance of Reservation Deposit. This Guest Rental Agreement posted on www.nestvr.com serves as a general and non-property specific rental agreement. Each home will have specific check-in & check-out terms, specific maximum occupancy, allow or disallow pets, in addition to having specific check-out procedure addendums.