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1. This Agreement is made and entered into by and between Renter and Owner for Renter to lease the Rental Property for the Rental Period from Owner.
2. Payments: Renter shall pay the Rental Amount to Owner. Credit card payments are accepted via our website.
3. Damage Protection Plan: Renter agrees to pay a non-refundable Damage Protection Plan offered by Luxury Simplified Retreats for $99.00, $119.00 or $149.00 depending on the property. This fee is automatically included in your rental fees at the time of booking and will cover up to $1000.00 in unintentional damages to the Rental Property that occur during the Rental Period. The plan does not cover intentional acts that may cause damage or any deliberate violation of this agreement. ALL DAMAGE MUST BE REPORTED TO OUR OFFICE PRIOR TO YOUR DEPARTURE. Pet damage is not covered by this Property Damage Protection Plan. Renter will be responsible for all damages that go above and beyond $1000.00 and for those damages that are not covered under this plan.
Immediately upon arrival, Tenants agree to notify Luxury Simplified Retreats of any noticeable damages or conditions requiring repair or maintenance. Tenant is responsible for any intentional damage due to willful negligence of the leased Property, as well as any items missing from the leased Property after Tenant’s departure. Tenant agrees that charges related to intentional damage caused by willful negligence, or cost of replacement for missing items, can be processed on Tenant's credit card on file. This includes damages to the furnishings and household items that result from the action or inaction of Tenants or their invitees, excluding normal wear and tear. Tenants further agree to reimburse Luxury Simplified Retreats for collection costs, if necessary, and reasonable attorney fees. After Tenant's departure, and within 45 days following the conclusion of the tenancy, the Property is inspected and inventoried for damages and missing items, at which time assessed damages will be billed to Tenant. Please see below some common charged fees:
Beach Towel Fee: $25 per towel for any missing/damaged/stolen/purchased towel.
Parking Pass: $50 per pass for any missing/damaged/stolen pass.
Missing Door Key: $250 per key for any missing/damaged/stolen key.
Furniture: $50 fee for moving around furniture from its original position. Upon departure, please ensure the furniture remains as presented upon arrival.
4. Cancellation Policy:
• RENTER CANCELLATIONS MUST BE IN WRITING. If Owner receives written notice prior to 60 days before the Commencement Date of the Rental Period of Renter’s desire to cancel the reservation, Renter shall pay to Owner a $75 cancellation fee and Owner will return the Confirmation Deposit to Renter. If written cancellation is received by Owner prior to 30 days of the Commencement Date of the Rental Period and no more than 60 days of the Commencement Date of the Rental Period, Renter shall pay to Owner a $75 cancellation fee, and Owner will return 50% of the Confirmation Deposit to Renter OR Owner shall issue to Renter a Travel Credit for the full value of the reservation for the original Rental Period. Renter’s Travel Credit will only be valid until December 31st, 2020. Travel Credit is nonrefundable for any reason. If written cancellation is received by owner within 30 days of the Commencement Date of the Rental Period, the Confirmation Deposit will be held until the Rental Property has been booked and confirmed for the same Rental Period for at least the same rate. There are NO exceptions. If the Rental Property is reserved for only part of the Rental Period or for less rent for the reserved days, the Confirmation Deposit will be refunded minus any uncollected rent for the Rental Period.
• The Owner reserves the right to cancel and terminate this Agreement for any reason whatsoever. If Owner cancels pursuant to the foregoing, all deposits will be promptly refunded to Renter, provided that Owner shall not provide refunds nor be liable, nor deemed in default under this Agreement for any failure to perform or delay in performing any of its obligations due to or arising out of any act not within its control, including, without limitation, weather and other Acts of God.
5. Trust Account: Any payment made by Renter shall be deposited in a trust account and shall remain in the trust account until the end of Rental Period or earlier termination of this Agreement, at which time the monies will be disbursed in accordance with this Agreement as authorized under South Carolina law.
• Check-in time is 4:00 PM and check-out time is 11:00 AM.
• Renter will restrict occupancy to the Occupancy Limit for the Rental Property at all times.
• Early Check-ins: We are unable to guarantee early check in requests as we must allow adequate time for our cleaning crew to clean to our standard. In instances where an early check in may be possible, a $50 early check in fee will apply and be charged to your stay. Availability of early check ins must be confirmed with management the day of arrival. If you are scheduled to arrive early, but cannot check in, we will be happy to arrange somewhere for you to store your belongings until check-in time.
• Renter agrees to honor check-in and check-out times. In the event the Rental Property is not vacated at the check-out time specified in this Rental Agreement, Owner is hereby authorized, in addition to any and all other remedies available under this Agreement at law or in equity, to charge Renter a late departure fee and to remove Renter's belongings from the Rental Property at Renter’s expense. A late departure fee not to exceed $100.00 may be assessed in the event Renter occupies the Rental Property for up to one hour after the check-out time. A late departure fee not to exceed $200.00 may be assessed in the event Renter occupies the Rental Property for up to two hours after the check-out time. A late departure fee in an amount not to exceed the daily rental rate for the Rental Property will be assessed in the event Renter occupies the Rental Property for two hours or more after the check-out time.
• PETS ARE STRICTLY PROHIBITED without the prior written consent of Owner. If Owner does consent, at the sole discretion of the Owner, Renter will be required to pay a non-refundable pet fee of $150.00. If non-disclosed pets are discovered at the property, a $500 per pet fee can be applied to your reservation and the Owner reserves the right to terminate this agreement and require the Renter to vacate the Rental Property immediately, in addition to any and all other remedies available under this Agreement at law or in equity, whereupon all amounts paid under this Agreement shall be retained by Owner.
• Renter expressly represents and warrants that Renter is not entering this agreement on behalf of a youth group, fraternity, or other group of students. Renter acknowledges that occupancy of the Rental Property by students or student groups is strictly prohibited and if such a group attempts to occupy the Rental Property, Owner reserves the right to terminate this Agreement and require the Renter to vacate the Rental Property immediately, in addition to any and all other remedies available under this Agreement at law or in equity, whereupon all amounts paid under this Agreement shall be retained by Owner. Renter further represents and warrants that no parties, weddings, receptions, or meetings will be held at the Rental Property during the Rental Period.
• Renter agrees that Owner or its respective representatives, including but not limited to contractors and pest control technicians, shall be granted access to the Rental Property when Owner determines that it is necessary.
• Motor homes, trailers, boats and motorcycles are strictly prohibited on Rental Property.
• Owner shall take reasonable efforts to insure that the Rental Property is ready for Renter’s arrivals. However, due to the seasonal nature of Owner’s business, Rental Property may not be cleaned by check-in time. No refunds will be given, should this occur.
7. Disturbance: Occupancy and use of the Rental Property and amenities shall not be in a manner that disturbs residents or guests of property adjacent to or in the neighborhood or vicinity of the Rental Property. Owner has the right to terminate this Agreement and require that disruptive Renters vacate immediately, in addition to any and all other remedies available under this Agreement at law or in equity, whereupon all amounts paid under this Agreement shall be retained by Owner. If the police are called to a property at any time, Luxury Simplified Retreats reserves the right to walk-through the property unannounced with a police escort.
8. INDEMNIFICATION: RENTER AGREES TO DEFEND, INDEMNIFY AND HOLD HARMLESS OWNER, ITS AGENTS, SERVANTS AND EMPLOYEES FROM ANY AND ALL INJURY, LOSS, DAMAGE, CAUSES OF ACTION, CLAIMS OR LITIGATION OF ANY KIND WHATSOEVER (INCLUDING REASONABLE ATTORNEY’S FEES AND DISBURSEMENT) ARISING FROM, RELATING TO, OR IN CONNECTION WITH THE USE OR OCCUPANCY OF THE RENTAL PROPERTY, INCLUDING BUT NOT LIMITED TO, EQUIPMENT, ELEVATORS, BALCONIES, DECKS, SWIMMING POOLS, DOCKS, ELECTRIC GATES, WINDOWS, FURNISHINGS AND ALL OTHER APPURTENANCES TO THE RENTAL PROPERTY.
9. Additional Fees and Charges:
• Damages: Renter agrees to be responsible for all damages and/or excessive cleaning costs caused by members of Renter’s party and agrees to pay all costs that exceed the amount of coverage provided by the Damage Protection Plan required by Section 3 of this Agreement.
• Returned Payment: A $25.00 Returned Check Fee will be charged if a Renter’s check is returned for any reason.
• Collection: Renter agrees to pay all court costs, collections costs and reasonable attorney fees incurred by Owner in the collection of any monies deemed owed to Owner pursuant to this Agreement.
• Events: No events shall be permitted unless previously agreed by the management company. An event constitutes any number of guests at the property at one time which is over the maximum occupancy limit of the property, or that which hires any outside vendors. If an event takes place without prior consent of the management company, the guests card on file will be charged $1000 plus any additional fines given by the local agencies.
10. Mechanical Failures and Maintenance Problems: Owner cannot guarantee against mechanical failure of electrical service, plumbing, water supply, air conditioning, heating, elevators, audio visual equipment, computers or internet access, or appliances. Owner shall not provide refunds or rent reductions nor be liable or deemed in default under this Agreement, for any and all Rental Property maintenance issues, failures or malfunctions including, but not limited to, pest control and housekeeping maintenance issues. Renter shall immediately notify Owner in writing, of any problem, malfunction or damage to the Rental Property and shall pay for any damage to Rental Property as a result of failure to report a problem, malfunction or damage to Owner in a timely manner. Owner will address maintenance issues as quickly as possible.
11. Personal Items: Owner is NOT responsible for Renter's personal belongings that are lost, stolen, damaged or left behind. A $25.00 retrieval fee will be charged, and if found, the items will be returned at Renter's expense. Renter shall bear the sole risk of loss, including loss of or to any of his/her own possessions which he/she has placed in or on the rental property, and shall be responsible for insuring his/her own possessions against fire, theft, bodily injury and other catastrophes.
12. Assumption of All Risks: Renter fully understands and acknowledges that there exist certain inherent dangers and risks of damage or serious bodily injury, including death, associated with the use and operation of any roof top deck, balcony, swimming pool, elevator, window, or electric gate, or with any misuse or negligent use of the Rental Property generally, notwithstanding the exercise of due care. In light of these acknowledgements, Renter fully understands, acknowledges, and agrees that Renter shall not permit children under the age of 18 to use, access, enter upon, or occupy any inherently dangerous amenity, facility, or equipment on or in the Rental Property, including but not limited to, any roof top deck, balcony, swimming pool, elevator, window, or electric gate without direct adult supervision at all times, and Renter shall not use negligently or misuse, or allow the negligent use or misuse by others of the Rental Property generally. Specifically, and without limitation as to the foregoing, Renter hereby acknowledges that rails on the roof top deck will not prevent someone from climbing over the railing. Renter hereby releases from all liability and agrees to indemnify, defend and hold harmless as per Section 8 hereof the Owner for any loss or damages resulting from any or all of the foregoing, on account of injury to any person or property, even injury resulting in death.
13. Sublease or Assignment: Renter shall not transfer or assign this Agreement, nor sublet the Rental Property without prior written consent of Owner.
14. Transfer of Property: If the ownership of the rental property is transferred more than 90 days prior to the commencement date of the rental period under this Agreement, the new owner has no obligation to honor this Agreement, but if the new owner does not honor this Agreement, the Renter shall be due a refund of all advance payments, after any lawful deductions, within 45 days of the recording of the transfer in ownership. The obligations of Owner and the Renter related to the transfer of property are governed by Section 27-50-250 of the South Carolina Vacation Rental Act.
15. Compliance with Evacuation Orders: If state or local authorities order a mandatory evacuation of an area that includes the Rental Property, Renter in possession of the property shall comply with the evacuation order as required by the South Carolina Vacation Rental Act. Luxury Simplified Retreats offers travel insurance under the company CSA Travel Insurance. If you have booked vacation dates for a Rental Property within a hurricane season, we strongly advise that you purchase travel insurance. If you have to cancel your stay due to an impending hurricane, Luxury Simplified Retreats is unable to refund your stay unless you had previously purchased travel insurance.
16. Entire Agreement: This is the parties’ entire agreement on this matter, superseding all previous negotiations, representations, or agreements made by and between the parties. No modification, change, or cancellation shall be valid unless in writing and executed by the parties hereto.
17. Governing Law; Venue: This Agreement and all transactions contemplated by this Agreement shall be governed by, and construed and enforced in accordance with the laws of the State of South Carolina. Any civil action or legal proceeding arising out of or relating to this Agreement shall be brought in the courts of record of the State of South Carolina in Charleston County.
18. Severability: The invalidity or unenforceability of any one or more phrases, sentences, clauses, or provisions of this Agreement shall in no way affect the validity or enforceability of the remaining portions of this Agreement or any part thereof.
19. Waiver of Trial by Jury: Renter hereby waives trial by jury in any action, proceeding, or counterclaim brought by either of the parties hereto against the other on any matters whatsoever, arising out of or in any way connected with this Agreement, the relationship of Owner and Renter, Renter’s use or occupancy of the Rental Property, or any emergency or other statutory remedy. This waiver is knowingly, intentionally, and voluntarily made and Renter acknowledges that no representations of fact were made to induce this waiver of trial by jury or in any way to modify or nullify its effect.
20. Limitation on Liability: Under no circumstances and under no legal theory, tort, contract, strict liability, or otherwise, shall owner be liable to Renter or any other person for any indirect, special, incidental, or consequential damages of any character including, without limitation, those arising out of or relating to this Agreement or Renter’s use or occupancy of the Rental Property. Additionally, damages against Owner arising under this Agreement or arising out of circumstances relating hereto, including the use or occupancy of the Rental Property by Renter, shall be limited to, and in no event shall damages be recovered by Renter in excess of, the amounts actually paid by Renter to Owner under the terms of this Agreement.
21. Defaults and Remedies: Failure to perform or honor any obligations or covenant contained in this Agreement shall constitute a default of this Agreement. Upon any default under this Agreement by Renter, Owner shall be entitled to pursue any and all remedies available at law or equity. Upon default under this Agreement by Owner, Renter shall have the right to recover up to, but not in excess of, the amounts actually paid by Renter to Owner under the terms of this Agreement.