TERMS AND CONDITIONS:
Please review this Rental Agreement ("Agreement")
in its entirety. It will govern your rental arrangement and legally binds you ("Customer")
to the terms set forth below. This agreement is between you and the Property Manager for
the rental property outlined above. RealVoice LLC is acting solely as an intermediary
for the collection of rents and fees between Customer and the Property Manager.
This rental is conditioned expressly upon your acceptance without modification of the terms, conditions, and notice requirements set forth below. Checking the "I have read and agree to the terms and conditions" check box followed by clicking the "Submit Payment" button, constitutes your agreement to all such terms, conditions and notice requirements including the no-cancellation and no-refund policies and constitutes your electronic signature of this agreement, your agreement to contract electronically as well as authorization to charge your credit card to reserve this rental according to the Payment Terms stated below.
ACCEPTANCE & PAYMENT TERMS
You must sign this Agreement and make your required payment within 24 hours to avoid cancellation. Once your signed agreement and your deposit or full rental fee are received, a confirmation will be issued to you. If you do not receive a confirmation this does not void this agreement.
If your required payment is a deposit, the balance of your full payment is due 75 days prior to the commencement date of your rental period, unless otherwise dictated by your rental unit. By authorizing a deposit payment via credit card, you are also authorizing the same credit card to be charged for the balance of the total charges 75 days prior to the check in date of your rental period, unless otherwise dictated by your rental unit. This additional authorization shall be exactly as though you have presented the card number for payment at the time the balance becomes due. If you book your rental less than 75 days in advance of your stay, we will charge your full payment immediately by credit card, unless otherwise dictated by your rental unit. If the card will not process, you will be liable for the remaining balance due and authorize us to charge your credit card account on file, exactly as though you have presented the card number for payment at that time, until your outstanding balance is satisfied. Once we receive your payment in full, as a courtesy we will send you, by e-mail, a confirmation notice to confirm receipt of payment.
FAILURE TO MAKE FINAL PAYMENT ON A TIMELY BASIS WILL RESULT IN PROPERTY MANAGER HAVING THE RIGHT TO CANCEL YOUR RESERVATION WITH THE INITIAL DEPOSIT PAID 100% NON-REFUNDABLE IN KEEPING WITH OUR NO-CANCELLATION POLICY, TO WHICH YOU AGREE TO BY SIGNING THIS AGREEMENT.
NO-CANCELLATION AND NO-REFUND POLICY
WHILE THE PROPERTY MANAGER MAY CANCEL YOUR RESERVATION FOR FAILURE TO PROVIDE FULL PAYMENT BY THE REQUIRED DATE, YOU MAY NOT CANCEL YOUR RESERVATION AT ANY TIME ONCE THE NON-REFUNDABLE DEPOSIT IS SUBMITTED AND YOU AGREE TO THE TERMS & CONDITIONS OF THIS AGREEMENT. Any Customer who refuses to use services contracted for forfeits any and all collected money, except the Customer's security deposit and cleaning fee (if applicable). The security deposit and pre-paid cleaning fee are not part of the initial deposit to hold the rental. The security deposit and pre-paid cleaning fee (if applicable) are included in the balance payment, therefore, the initial deposit will be forfeited if you refuse to fulfill your scheduled stay after confirmation of booking.
Collected money is non-refundable. Under no circumstances shall Customer be able to determine if a rental unit is unfit for habitation. Customer shall give Property Manager, twenty four (24) hours to clean the rental that you might deem dirty upon check in. Customer also gives Property Manager, twenty four (24) hours to address any allegations that bugs or pests are in the rental. Ultimately, in order for you to claim the premises are unacceptable due to issues of cleanliness or bug/pest infestation, you must obtain a third-party opinion letter within forty eight (48) hours of arrival, (from a professional not staying in the rental that has physically witnessed the issue) to corroborate any allegations of poor quality services or accommodations.
Please be further advised that Property Manager is not responsible for construction or neighbor noise, as these are risks that are inherent when renting a vacation rental. We are unable to control these factors, and this agreement shall remain in full force and effect regardless of these issues. There shall be no cancellation for construction noise or for neighbor issues of any kind. To protect against cancellations caused by certain unforeseen events, such as illness, we recommend that customers purchase travel insurance to assure refund of deposits paid. As a valued Customer, we want to do everything possible to make your trip is enjoyable and worry free. Since the unforeseen and unexpected can occur before you leave or when you are away from home, we recommend (but do not require) your purchase trip insurance.
Any changes made after booking shall be wholly at Property Manager's discretion. There is no "reasonable" change of accommodation that this agreement requires Property Manager to make.
If Customer complains about the condition of the rental, the amount of Security Deposit being withheld and or service they received from the Property Manager and or Property Manager's employees or contractors, VRA will work in good faith to help Property Manager and Customer reach a mutually acceptable resolution. If a mutually acceptable agreement cannot be reached after one round of discussions between the Property Manager and Customer, VRA will extricate itself from the process and let Customer and Property Manager work directly to resolve the issue.
GENERAL TERMS, CONDITIONS AND DISCLOSURES
A SECURITY DEPOSIT is required for some properties to cover damage to and/or loss of items from the rental, long distance telephone calls not billed to credit cards or a third party, agreement violations and /or excessive cleaning (as determined by cleaners upon your departure) i.e. excessive trash disposal, excessive laundering, upholstery or rug shampooing, etc. For rentals where a SECURITY DEPOSIT is not required, customer authorizes Property Manager to charge customer's credit card in the event of damages to and/or loss of items from the rental and excessive cleaning. You hereby authorize the Property Manager to apply such Security Deposit to pay for such items and to charge you via credit card, if applicable, or by written bill for any such items beyond the security deposit outlined in this agreement, such as long distance phone calls, unpaid expenses for services rendered to customer, damaged or missing property, etc. Any private phones in a rental unit are for your convenience. Please charge all long distance calls to a credit card or third party. If there are no damages or losses, your security deposit then becomes a telephone deposit and will be returned when the telephone bills have been received and reviewed by the Property Manager. Therefore, deposits may be held for 60 days after your departure.
TOTAL RENTAL CHARGES under this Agreement do not include greeting, baggage handling, daily maid service (unless noted), gratuities, long distance telephone charges, car rental, airfare, food, liquor, laundry, personal items, excessive cleaning upon departure as defined above.
ALL RATES are quoted on a per night basis for no more customers than the maximum occupancy listed. Additional customers must be disclosed to and agreed to IN WRITING by the Property Manager of the rental. Verbal confirmation by the Property Manager will not be given for additional members of your party. Exceeding your agreed-upon total persons limit shall be grounds for Property Manager to terminate this Agreement and discontinuing services without refund to Customer.
CHECK IN and CHECK OUT times are listed in the BOOKING DETAILS section above and are in local time. Exceptions to these CHECK-IN and CHECK-OUT times must be approved in writing by Property Manager. In the event of holdover by Customer beyond the departure date set forth in this Agreement, Customer shall pay an amount equal to three (3) times the daily rate for each and every day of such holdover. LATE CHECKOUTS OF LESS THAN ONE DAY WILL BE CHARGED THE EQUIVALENT OF ONE FULL DAYS RENT.
Customer understands that Property Manager retains the right to cancel this agreement at any time. If Property Manager cancels this Agreement, Customer no longer reserves the right to stay at the rental property. In the unlikely event this contract is cancelled, Property Manager will use its best efforts to provide a substitute vacation accommodation to the Customer for up to 100% of the value of the original agreement. If Property Manager is unable to find such accommodations, then at Property Manager or Customer's option this Agreement shall be cancelled and terminated and Property Manager shall refund to Customer all payments made by Customer under this Agreement, and Property Manager and Customer shall thereafter not have any liabilities or obligations to the other arising out of the unavailability of the rental property and/or Customer's travel arrangements. If Property Manager cancels this Agreement due to a violation of any of the stated Conditions of Rental at any time during Customer's stay, the Property Manager has the right to evict the Customer from the rental, without any refund, as stated below in Conditions of Rental.
Customer acknowledges that the Property Manager and/or their agents retain the right to enter the rental for any reason, including the showing a prospective buyer the rental. When possible, the Property Manager will provide 24 hours notice to the guest prior to entering the unit. However, Customer recognizes that Property Manager may not be able to provide 24 hour notice in the event of an urgent problem necessitating immediate entry.
Customer agrees and acknowledges that this rental arrangement is not subject to the residential landlord/tenant code of the state in which this rental is occurring (such as the Hawaii Revised Statutes chapter 521) since this is not a long term residential rental.
Any legal disputes arising out of this Agreement between Customer and Property Manager and or RealVoice, LLC shall be subject to the exclusive jurisdiction and venue of the Tennesee State courts, and the parties consent to the personal and exclusive jurisdiction and venue of these courts.
Severability. If a court of competent jurisdiction finds any provision of this Agreement to be illegal, invalid, or unenforceable as to any circumstance, that finding shall not make the offending provision illegal, invalid, or unenforceable as to any other circumstance. If feasible, the offending provision shall be considered modified so that it becomes legal, valid and enforceable. If the offending provision cannot be so modified, it shall be considered deleted from this Agreement. Unless otherwise required by law, the illegality, invalidity, or unenforceability of any provision of this Agreement shall not affect the legality, validity or enforceability of any other provision of this Agreement.
CONDITIONS OF RENTAL
• This reservation is for quiet residential vacation accommodations only. Therefore, parties, receptions, weddings, luaus, events, and gatherings of any kind are strictly prohibited. No additional people beyond the maximum occupancy of the house are allowed on the rental property at any one time, unless disclosed to and agreed upon by Property Manager in writing.
• The names of all customers staying at the rental must be listed above. If the names of the customers in your group change, this must be communicated in writing to Property Manager. Additional customers beyond those identified above are not permitted. Property Manager does not verbally confirm additional customers. Additional customers must be approved by Property Manager in writing.
• Customer's reservation is accepted for one family or group of individuals for this accommodation only and, unless disclosed to and agreed upon by Property Manager will not be used in combination with other accommodations.
• Quiet hours from 9:00 p.m. to 8:00 a.m., during which time the noise from rental shall not unreasonably disturb adjacent neighbors. Sound that is audible beyond the property boundaries during non-quiet hours shall not be more excessive than would be otherwise associated with a residential area. Amplified sound that is audible beyond the property boundaries of the rental is prohibited. Noise complaints are subject to local law enforcement intervention. Law enforcement intervention will be deemed by the Property Manager as a breach of this Agreement and may lead to cancellation.
• The rental shall be in the same condition upon departure as at check-in, normal wear and tear excepted. Excessive cleaning as defined above will result in an extra fee.
• Customer may not sublet or assign this Agreement.
• Customer may cook only in areas specifically designated for cooking in the rental.
• Customer must immediately notify Property Manager of any fire or other damage or injury to the rental or any person on the rental property.
• Customer shall be liable for all acts of the family, invitees, employees, or other persons invited onto the rental property by customer.
• Customer shall be responsible to return all keys and gate or garage door openers upon departure. Failure to do so may result in a replacement fee.
• Vehicles shall be parked in the designated onsite parking area and shall not be parked on the street.
• Customer shall abide by the House Rules of the Property manager and/or the Condominium Association as provided to Customer upon check-in.
• Customer shall not bring any pets into the rental or onto the rental property.
• Customer understands that Property Manager cannot guarantee that adjacent properties will be free from disturbances and/or not be under construction, being repaired or maintained in any way, or that Government construction projects will not be in progress around the rental unit. Construction on adjacent properties or construction conducted by the Government is not reason for termination of this agreement, nor is it a reason for the refund of any monies to customer.
• Customer agrees that contact with or viewing of a pest inside or outside of your rental is not reason for termination of this Agreement nor is it a reason for a refund of your payment. Customer understands that insects, rodents and lizards unfortunately flourish in tropical environments. If Customer's rental is in a tropical climate you will undoubtedly encounter these pests during your stay. Customer understands that Property Manager makes its best efforts to hold to an absolute minimum your interaction with these pests.
• Any issues Customer has with the rental must be reported immediately to the Property Manager via the email and or phone number listed in the rental's directions and entry instructions. Property manager has a reasonable amount of time (ie 24 hours) to restore rental to acceptable conditions. Any issues presented after check out cannot be remedied and are not cause for compensation to Customer.
• Customer understands that this is a non-smoking property and agrees to not smoke in the rental.
• Customer shall not permit any use of a pool or Jacuzzi by unsupervised children or other customers, and shall keep pool gates closed at all times. Customer and other invitees shall use the pool and Jacuzzi at their own risk. At no time shall customer permit any glass items near pool or Jacuzzi. All costs assicated with the remediation of glass from a pool or Jacuzzi shall be the Customer's cost. Customer agrees to pay all costs associated with such remediation.
• Customer understands that there are certain risks inherent to persons and property located adjacent to the ocean, ski slopes or to a golf course. Customer acknowledges that the Property manager would not rent this rental unless the customer accepted these conditions and assume these risks.
**** AS A REMEDY FOR VIOLATION OF ANY OF THE STATED CONDITIONS OF RENTAL IN THIS AGREEMENT, PROPERTY MANAGER HAS THE RIGHT, BUT IS NOT LIMITED OR REQUIRED TO, TERMINATE THIS AGREEMENT AND EVICT THE CUSTOMER FROM THE RENTAL WITHOUT ANY REFUND OF COLLECTED MONEY AND MAY KEEP ALL OR ANY PORTION OF THE SECURITY DEPOSIT.
RealVoice LLC acts only as an intermediary for the Property Manager, suppliers and contractors providing accommodations, transportation and services to Customer. Under no circumstances shall RealVoice LLC, managing agents, its employees or contracted agents, managing agents, Property Manager of rental, and/or their respective employees be responsible for any loss, expense, damages, claims or injury direct, indirect, consequential or otherwise whatsoever, 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 in this Agreement or as a result of any delay(s), substitution(s), rescheduling(s) or change(s) in the services or accommodations. Additionally, RealVoice LLC, managing agents, Property Manager, and/or their respective employees shall not be responsible for any loss, expense, damages, claims or injury direct, indirect, consequential or otherwise caused by reason of military actions, acts of God, or by any agents, employees, subcontractors, servants or services as provided or substituted. RealVoice LLC, acting as an intermediary between you and the Property Manager, reserves the right to refuse or discontinue service to any person(s) and/or to rescind any contract for accommodations or customer services and RealVoice LLC will not be liable under any circumstances, including substitutions, to refund any unused portion of booked accommodations or services. RealVoice LLC, managing agents, Property Manager, and/or their respective employees are not responsible for theft or damage of personal property and no refunds will be given for any such occurrences. Customer and all occupants have been advised not to leave personal articles in locked vehicles, even if in the trunk; to always lock their vehicle; to always secure the rental. If renting mopeds, bicycles or any vehicles, customers are strongly encouraged to arrange for additional insurance, which provides adequate protection in the event of damage or theft arising out of such activities.
Customer understands that RealVoice LLC acts as an intermediary between the Customer and the Property Manager. RealVoice LLC receives a fee ranging from 5% to 30% of the value of the Agreement once all other monies are paid by Customer. Therefore, in order to process a reservation, all monies are paid immediately to the Property Manager, other agent or agency, caretaker or realtor to secure the reservation. Since funds are paid to third parties, RealVoice LLC cannot warrant that Customer funds will be recoverable on behalf of the Customer in all circumstances. As a result, Customer acknowledges that, if all rental monies have been paid, the maximum recourse the Customer has against RealVoice LLC for any alleged breach of this Agreement is the fee RealVoice LLC has earned as a result of this Agreement.
The above rental information, while deemed reliable, is not guaranteed. Changes in inventory and or decor occur from time to time and such changes will not void or alter the terms of the rental and is not a valid reason for cancellation. Customer is aware that RealVoice LLC acts as an intermediary and this Agreement is provided on behalf of the Property Manager or Property Manager's designee and RealVoice LLC cannot ensure specific performance of Property Manager. RealVoice LLC is acting merely as a intermediary and does not own any rental offered and does not exercise control over or have direct supervision of the Property Managers, managers, other agents, or service providers.