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TERMS AND CONDITIONS

 

  1. AUTHORIZED USE AND GUEST: The premises are for the sole use as a personal vacation residence by the maximum number of people stated in the rental agreement over the age of 3 years old overnight.

 

  1. RESERVATION: The premises will not be held for tenant until the initial payment or copy of your check and the signed rental agreement have been received and receipt has been acknowledged by 5StarVR.com. Checks are due in hand within 7 days. DO NOT make travel plans until you have received confirmation of your booking and payments processed from 5StarVR.com
     
  2. BALANCE DUE/LATE CHARGE: If any amount due is not received by the applicable Payment Due Date, 5StarVR.com may, at our sole discretion after 48 hours’ notice to perform, either terminate this Agreement and refund to Tenant all payments except the Reservation Fee, or impose a late charge of $100 per day.
     
  3. ACCIDENTAL RENTAL DAMAGE INSURANCE: All reservations made with 5StarVR.com must include purchase of Accidental Rental Damage Insurance. The insurance covers property or contents of property damaged during the reserved stay at the location. The insurance does not cover any intentional, negligent, or willful damages or missing items caused by guests. For example, patio umbrellas left open and unattended can blow away and break, this would not be covered due to negligence. If any damages occur during your stay, contact our offices before check-out. We offer an insurance plan with $1,500.00 of coverage for a fee of $59. Tenant agrees that any damage not covered by insurance will be paid by credit card on file.
     
  4. CANCELLATION: Bookings canceled at least 30 days before the start of the stay will receive 100% refund Bookings canceled at least 14 days before the start of the stay will receive 50% refund and only taxes and fees are refunded inside 14 days. Holiday dates will add 30 days so a full refund outside of 60 days and bookings canceled at least 44 days before the start of the stay will receive 50% refund and only taxes and fees are refunded inside 44 days. 
     
  5. HOLDING OVER: Tenant agrees there shall be no holding over or late departure without prior approval. Any unauthorized holding over by Tenant shall be subject to a charge of 20% of daily rent per hour ("Holdover Rate") plus any additional damages incurred including, but not limited to, the cost of alternative housing for guests displaced by Tenant's holding over. Authorized early check ins and late check-outs will be charged at 7% of daily rent per hour.

 

  1. CLEANING: Premises will be delivered to Tenant in a professionally cleaned condition. Upon Check Out all surfaces will need to be professionally cleaned to ensure our standards are maintained for the next guests. Tenant will be charged for cleaning as stated on rental agreement or at a rate of $30 per hour for properties without a fixed cleaning fee or if additional time is required.
  1. PETS: If Pets are allowed a fee of $100 per pet is charged.  If an unauthorized pet is on the Premises, (1) Tenant is responsible for all damage caused by the pet, (2) Tenant, Authorized Guests, pet(s) and all others may be required to immediately leave the Premises, or be removed from it, (3) Tenant is in breach of this Agreement, and (4) Tenant will be fined the equivalent of one nights rent.
     
  2. NO SMOKING: No smoking is allowed inside of any building on the Premises. If smoking does occur inside a building on the Premises, (1) Tenant is responsible for all damage caused by the smoking including, but not limited to, stains, burns, odors and removal of debris; (2) Tenant, Authorized Guests, and all others may be required to immediately leave the Premises, or be removed from the Premises: (3) Tenant is in breach of this Agreement; and (4) Tenant will be fined the equivalent of one nights rent.
     
  3. NSF CHECKS: If a check is returned NSF, Tenant shall pay $25.00 as an NSF fee. Tenant agrees that this charge represents a fair and reasonable estimate of the costs that may be incurred by reason of Tenant's NSF payment. An NSF check will result in cancellation of this Agreement if the required payment is not made by the applicable Payment Due Date.
     
  4. CONDITION OF PREMISES: Tenant shall, on arrival, examine the Premises, all furniture, furnishings, appliances, fixtures and landscaping, if any, and shall immediately report by phone, text or e-mail, if any are not in operational condition or are in disrepair. Reporting repair issues does not give Tenant the right to cancel this Agreement or receive a refund of any payments made.  If damaged or nonfunctioning elements significantly impact the quality of stay 5StarVR.com shall be allowed 24 hours in which to repair or replace the element before a reduction in fees is considered.

 

  1. UTILITIES: Owner is to pay for all utilities except as follows: Tenant agrees to pay for any long distance telephone charges and any movies rentals or other charges billed to premises that are not specifically approved in advance. Utility charges are tenant’s responsibility for stays that exceed 31 days, long term rental.
     
  2. RULES; REGULATIONS; NO COMMERCIAL USE: Tenant agrees to comply with any and all rules and regulations that are at any time posted on the Premises or delivered to Tenant. Tenant shall not, and shall ensure that guests and licensees of Tenant shall not: (1) disturb, annoy, endanger, or interfere with other Tenants of the building in which Premises is located or its neighbors; (2) use the Premises for any commercial or unlawful purpose including, but not limited to, using, manufacturing. Selling storing, or transporting illicit drugs or other contraband; (3) violate any law or ordinance; or (4) commit waste or nuisance on or about the Premises.

 

  1. POOL AND HOT TUB RULES AND CHARGES: Pools and hot tubs close at 10:00 PM unless stated otherwise at premises. Reference property instruction book for further information regarding rules and regulations. There is a charge for heating pools October through April, no charge for hot tub. For properties with hot tubs, please rinse off before entering hot tub. There is a $200 minimum charge if the tub needs to be drained. No glass is allowed near pools and hot tubs. Tenant assumes all responsibility for supervision of small children and your group and agree to hold owners and management harmless.

 

  1. NOISE TRAFFIC AND NUISANCE: Amplified music outdoors other than existing systems in place is strictly forbidden according to county regulations for Vacation Rentals. Loud noise of any kind including fire arms, fireworks, machinery, honking, car alarms, loud car stereos etc. is strictly forbidden.  Existing sound systems on the Premises should be kept below 2/3 volume indoors at all times and must be kept very low after 10:00 PM so that it is not heard outdoors. Windows in the house shall be kept shut while music is playing.  Yelling, loud talking and vulgar language are not allowed outdoors. Day guest visiting, that are not spending the night, must leave the property by 9:45 PM and drivers must not be impaired.  If you have festivities carry on indoors after 10:00 PM, the doors and windows must be closed. If these rules are not adhered to and a neighbor complaint is placed: (1) Tenant is responsible for all damage caused by the complaint including fines, penalties, lawsuits, and loss of permits (2) Tenant, Authorized Guests and all others may be required to immediately leave the Premises, or be removed from it, (3) Tenant is in breach of this Agreement, and (4) Tenant will be fined the equivalent of one nights rent and may be responsible for additional fines, penalties, lawsuits, and loss of permits.
     
  2. UNAUTHORIZED EVENT, WILLFUL DESTRUCTION: Intentional damage caused by Tenant or their authorized or unauthorized guests shall: (1) Tenant is responsible for all damage caused, (2) Tenant, authorized guests, pet(s) and all others may be required to immediately leave the premises, or be removed from it, (3) Tenant is in breach of this agreement, (4) Tenant will be fined the equivalent of one nights rent (5) Tenant may be subject to additional fine of $10,000.00.  Tenant or their authorized or unauthorized guest holding an unauthorized event consisting of more than 5 additional people on premises shall: (1) Tenant is responsible for all damage caused, (2) Tenant, Authorized Guests, pet(s) and all others may be required to immediately leave the Premises, or be removed from it, (3) Tenant is in breach of this Agreement, (4) Tenant forfeits its right to return of any security deposit, (5) Tenant shall be subject to additional fee of $500.00 per person per unauthorized person on premises. NOTICE: Weddings of any size are not permitted at a vacation rental per county regulations.

 

  1. MAINTENANCE: Tenant agrees that this is a residential home and is subject to occasional failure of appliances and household functions. Owner shall make every reasonable effort to repair or replace any nonfunctioning equipment as quickly as possible but no credits or refunds will be offered unless the normal use of the premises is severely diminished. Tenant shall properly use, operate and safeguard the Premises including if applicable, any furniture, furnishings, appliances and all mechanical, electrical, gas and plumbing fixtures, and keep them clean and sanitary. Owner is not responsible and no credit shall be issued for failure of services of utilities outside of the control of the owner. This includes acts of nature/God, power failures, phone, internet outage, TV service and failure of equipment not owned by owner. Tenant shall immediately notify 5StarVR.com of any problem, malfunction or damage.

 

  1. ENTRY: Owner and Owner's representatives and agents have the right to enter the premises at any time with advanced notice. (1) For the purpose of making necessary or agreed repairs or for required maintenance or to supply necessary or agreed services. (2) In case of emergency. (3) Maintenance of landscaping, hot tub and trash collection will occur as scheduled without notice to tenant. (4) If there is reasonable cause to believe that there are violations to the terms of this agreement.

 

  1. CATASTROPHIC EVENTS & EMERGENCY EVACUATIONS: If a catastrophe, act of God/nature, terrorism, or any situation simply beyond our control impairs the vacation rental, 5StarVR.com is not responsible for finding alternate lodging for the renter or for the renter's financial losses related to transportation or alternate lodging. There will be NO REFUNDS OR CREDITS FOR EMERGENCY EVACUATIONS. Whether you own property, run a business, or rent a condo, the threat of an uncontrollable disaster is always present, and we all assume this risk. Therefore, we suggest you consider Travel Protection Insurance to secure your vacation investment
     
  2. LIMITATION OF LIABILITY: Indemnity and Hold Harmless: Tenant agrees to indemnify, defend and hold harmless Owner and Owner's Representative from all claims, disputes. litigation, judgments, costs and attorney fees resulting from loss damage or injury to Tenant, Tenant's guests or licensees or their personal properly. Under no circumstances shall 5StarVR.com 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 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 land accommodations by 5StarVR.com or by reason of military actions, revolution or acts of God, government agencies, or unforeseen circumstances or events, by any agents, owners, employees, subcontractors, servants or services as substituted; 5StarVR.com, 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. 5StarVR.com will not be liable under any circumstances, including substitutions, to refund any unused portion of booked accommodations or services. Some activities in which guests engage are especially dangerous and include scuba diving, snorkeling, deep-sea fishing, boating, golfing, swimming, boogie boarding, surfing, hiking, biking and mountain climbing. This list is not all-inclusive, but indicates some of the hazards of vacationing. Guests may also encounter the following risks: slippery floors and stairs, especially when wet, lanais with spaces between rails (dangerous for little children), precipitous drop-offs on ocean floor, unfenced pools, faulty electrical or plumbing systems, gas BBQ grills, clean/clear sliding glass doors, and dangerous stairs or pathways, Therefore, each guest agrees that he/she 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, without limitation, any loss or theft of personal property. By booking this property, you acknowledge that in all events and circumstances, 5StarVR.com, its officers and employees shall not be liable. 5StarVR.com reserves the right to cancel or rescind any rental agreement if it is found that the Guests are conducting unlawful activities, not abiding by the county or Home Owners Association House Rules, disturbing others by playing loud music, percussion, audio or instruments, or cause any loud or offensive noises, have made any misrepresentations about the nature or size of the group or use of the group or the use of the property or any other misrepresentations or any other way in breach of the rental agreement.

 

  1. TRANSIENT OCCUPANCY: Tenant is renting the Premises as a transient lodger for the number of days specified in section 1 from Owner who retains full legal, possessory and access rights. A Transient Occupancy Tax is charged as part of this agreement and will vary depending upon the city, town or county the premises is located in.

 

  1. KEYS & LOCKS: Tenants will receive check in instructions 5 days prior to check in that will contain combinations and location for key lock boxes or codes for doors with combination locks. 

 

  1. INSTRUCTION BINDERS: A binder with instructions for operation of systems in homes, house rules, key contacts and various other information will be available inside the house in a conspicuous location. Rules stated in house binders are to be followed as part of the terms and conditions of this agreement.

 

  1. CONSENT FOR BACKGROUND CHECK: I give permission to SafelyStay, Inc., to verify my identity, and check criminal databases in order to confirm my reservation. Complete terms regarding Safely’s guest verification can be found at www.safely.com/terms. You may receive an email from Concierge@Safely.com to complete your screening. Please check your spam inbox for this email, and contact Safely at Concierge@Safely.com, or go to www.Safely.com, if you have any questions.

 

ACKNOWLEDGEMENT: I/we, the undersigned, hereby apply for the above listed accommodation and warrant that I/we have read, understand and agree to the terms and conditions of this agreement, and I/we agree to abide by additional rules and terms set forth in instruction binders on premises and by county/homeowners/agents/association restrictions on use of said property. I/we further understand and represent that I/we are executing this agreement on behalf of all parties we allow on premises. I agree that this is a legally binding document.

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