Reservation and Payment: A reservation shall only be confirmed upon Owner’s receipt of the fully completed and signed original Agreement along with fifty percent (50%) of the total due at the time of booking. Payment shall be made by Electronic Payment payable to LJW Properties LLC. Owner may cancel the reservation if this Agreement and the required funds are not received by the date stated above. The balance of the total is due no later than thirty (60) days prior to the Arrival Date. If that amount is not received, the reservation shall be treated as a cancellation as set forth below. Owner is not required to provide additional notice of cancellation. Any reservation accepted by Owner less than sixty (60) days from the Arrival Date shall require payment in full by Electronic Payment payable to LJW Properties LLC.
Check-in and Check-out Procedures:
Check-in shall be no earlier than 4:00 pm on the day of arrival.
Check-out shall be no later than 11:00 am on the day of departure.
TENANT SHALL, WITHIN FOUR (4) HOURS OF CHECK-IN ON THE FIRST DAY OF THE RENTAL, REPORT TO OWNER VIA EMAIL AT ONBEACHTIME365@GMAIL.COM ANY DAMAGE(S), DEFECT(S), INOPERABLE OR MISSING EQUIPMENT OR ITEM(S) IN OR ON THE PROPERTY.
Time is of the essence. Tenant shall vacate the property promptly and shall leave the Property in broom-clean condition in compliance with all terms of this Agreement. Tenant shall leave all dished washed and put away, all garbage/trash placed in plastic bags in designated trash receptacles, all furniture in its original location, all used towels in the tubs for housekeeping, and all used beds unmade and sheets intact. Failure to comply with the terms of this Agreement will result in additional housekeeping fees as is necessary.
Cancellation: All cancellations must be in writing. Amounts paid by Tenant (LESS A TEN PERCENT (10%) CANCELLATION FEE) are refundable up until sixty (60) days prior to the Arrival Date. Fifty percent (50%) of the amounts paid by Tenant are refundable up until thirty (30) days prior to the Arrival Date.
NO AMOUNT PAID BY TENANT SHALL BE REFUNDED LESS THAN THIRTY (30) DAYS PRIOR TO THE ARRIVAL DATE.
Hurricanes – Refunds are not given unless there is a State/Gov’t mandated evacuation. The renter is solely responsible for their decision and safety.
Security Deposit: The security deposit ($500) shall be held by Owner pending inspection of the Property on or after the Departure Date. The security deposit shall not accrue interest. The security deposit, less any deductions for breach of this Agreement, damages, cleaning and/or other expenses as set forth in this Agreement, will be refunded by Owner within a reasonable time no less than thirty (30) days from the Departure Date. Any material breach of this Agreement by Tenant or Tenant’s guests may result in the complete forfeiture of the security deposit.
Use of the Property: The principal Tenant(s) signing this Agreement must be at least twenty-five (25) years of age. The principal Tenant(s) signing this Agreement understands and represents that he/she will occupy the property during the entire rental term. Only the occupants listed above may occupy the property. Exceeding the occupancy limit, allowing undisclosed persons to occupy the property or any other misrepresentation shall result in termination of the rental without refund.
TENANT MAY NOT USE THE PROPERTY FOR ANY WEDDING, EVENT OR PARTY UNLESS TENANT HAS ENTERED INTO AN EVENT CONTRACT WITH OWNER.
Conduct of Tenants: NO SMOKING IS PERMITTED IN THE HOUSE. Violation of this provision shall result in immediate termination of the rental without refund, and Owner shall retain the $500.00 from Tenant’s security deposit for cleaning and/or decontamination, plus the cost of any damages. NO FIREWORKS OR FIREARMS ARE PERMITTED ON THE PROPERTY. Tenant shall not cause damage to the property or disturb neighbors, permit a nuisance to be maintained on the property, commit any violations of law, or violate health codes or other applicable federal, state or local laws, ordinances or restrictions. All electrical, plumbing, sanitary, heating, ventilation, air conditioning and other fixtures, smoke detectors, lighting, appliances, and facilities on or about the property shall be used in a reasonable manner. Tenant shall be responsible for the actions of all guests and other persons on the property, shall ensure all guests and other persons on the property comply with the terms of this Agreement, and shall not permit such persons to violate any of the terms of this Agreement. Tenant shall indemnify and hold harmless Owner from any liability, cost or damage resulting from any activities, actions, or non-actions by Tenant or others on the property, and Tenant shall pay all costs, including reasonable attorney fees, incurred by Owner in connection with the same.
Damage and Cleaning: Tenant shall be responsible for all routine cleaning while on the property, and Tenant agrees to keep the property, inside and out, reasonably clean and free from trash, clutter and debris. All trash must be removed from the property and placed in plastic bags in designated trash receptacles. Tenant is responsible for all damage due to misuse or overuse of the property. Tenant shall promptly inform Owner of any and all damage to the property, whether caused by Tenant or others. Tenant agrees that if the security deposit is insufficient to cover the costs of damages or cleaning, Tenant will promptly reimburse Owner for all costs and expenses incurred upon demand.
Maintenance: Owner shall maintain the property in working order. Tenant shall promptly inform Owner of any unsafe or dangerous conditions and of any required repairs or inoperable equipment.
TO REPORT UNSAFE OR DANGEROUS CONDITIONS OR REPAIR OR MAINTENANCE ISSUES, EMAIL ONBEACHTIME365@GMAIL.COM.
Owner shall make repairs within a reasonable time of receiving notice. Owner, or Owner’s agent, may enter the property during the rental term to inspect the property or make repairs. Tenant will be charged all costs associated with unnecessary repair requests. Tenant is not entitled to a refund of any rent paid due to damage, defects or inoperable equipment. Tenant acknowledges that power outages may occur and that Owner is not responsible for any food loss or other damages incurred due to power outages, and Tenant shall not be entitled to the refund of any rent due to power outages.
Owner’s Personal Property: Owner may mark certain property for personal use and may maintain a personal closet or areas locked and/or reserved for Owner’s personal property. Tenant shall not attempt to access those areas, tamper with locks, or in any way use Owner’s personal property.
Pets: NO PETS ARE PERMITTED IN OR ON THE PROPERTY.
Violation of this provision shall result in immediate termination of the rental without refund, and Owner shall retain the $500.00 from Tenant’s security deposit for pet cleaning, plus the cost of any damages.
Refunds: There will be no refund, rebate or reduction in rent due to mechanical failure, appliance failure, and/or interruption of utility service, errors in advertising or solicitations, or Tenant dissatisfaction with the property. Tenant assumes the risk of inclement weather, including the risk of hurricane evacuation. No refunds will be given except as specifically stated herein. If Tenant is entitled to a refund, Owner will make the refund within a reasonable time no less than thirty (30) days from departure.
Liability of Owner: Indemnification and Hold Harmless:
TENANT HEREBY ASSUMES FULL RESPONSIBILITY FOR RISK OF BODILY INJURY, DEATH OR PROPERTY DAMAGE ARISING OUT OF TENANT’S USE OF THE PROPERTY.
In consideration of being permitted to enter the Property for vacation rental or any other purpose, Tenant, for himself/herself, his/her heirs and personal representatives, guests, children and any other parties who could make a claim by or through Tenant, acknowledges, agrees and represents that he/she has or will immediately upon entering, and will continuously thereafter, thoroughly inspect the entire Property, and that Tenant finds and accepts the property as being safe and reasonably suited for the purposes of Tenant’s use. Tenant further agrees and warrants that if, at any time, Tenant observes or is made aware of any potentially unsafe conditions or if he/she feels that anything is unsafe, he/she and all guests will immediately advise Owner and will leave the area thought to be unsafe. Tenant therefore WAIVES, DISCHARGES AND COVENANTS NOT TO SUE Owner, its members, managers, agents or employees, for any and all loss or damage, and any claim or demand for illness, personal injury, DEATH, and/or property damage whether caused by negligence of Owner, natural conditions or otherwise. Tenant hereby AGREES TO INDEMNIFY, SAVE AND HOLD HARMLESS Owner from any loss, liability, damage or cost Owner may incur due to Tenant’s use or occupancy of the Property, whether caused by the negligence of Owner, natural conditions or otherwise.
Personal Property: All personal property placed in or about the property by Tenant shall be at the sole risk of Tenant. Owner shall not be responsible for loss, damage, theft, or destruction of such property from any cause.
Exterior Security Cameras: Security cameras are installed and utilized on the exterior of the Property for the safety of tenants and to ensure compliance with the terms of this Agreement. Tenant shall not tamper with and/or disconnect or otherwise disable exterior security camera(s), and violation of this provision shall result in immediate termination of the rental without refund, and Owner shall retain the $500.00 from Tenant’s security deposit for necessary repair, replacement and/or reinstallation of security camera(s), plus the cost of any damages.
Reasonable Attorneys’ Fees and Costs: In addition to the provisions set forth above with respect to attorney fees and costs, if Tenants breach or noncompliance causes Owner to employ an attorney or collection agent, Tenant shall be liable for all collection fees, reasonable attorney fees and other costs incurred by Owner.
Applicable Law and Construction: This Agreement shall be construed and governed by the laws of the State of Alabama. This Agreement constitutes the entire agreement between the Parties. No other oral or written agreements, representations, or understandings have been made by either party. Any change, deletion, modification, or cancellation of this agreement must be in writing and signed by the Parties. If any provision of this Agreement is held to be unenforceable or in violation of law, the remaining provisions shall continue in full force and effect. If Owner waives a breach or noncompliance by Tenant, such waiver shall not constitute a waiver of any subsequent breach or noncompliance, and all other terms shall continue in full force and effect.
Unavailability, Damage or Destruction of the Property: If the Property is destroyed or becomes uninhabitable prior to Tenant’s arrival, Owner will refund all sums paid by Tenant. If the Property is damaged after the Arrival Date through no fault of Tenant such that it becomes uninhabitable, Owner shall refund rent on a pro-rated basis. Owner shall not be liable for any damages relating to trip cancellation or other incidental costs or expenses. Tenant’s sole remedy is the return rent paid.