This Agreement constitutes a contract between the person (s) above and Sandbridge Blue as Agent to rent the Dwelling described above. In signing this agreement, the guest does promise to abide with all rules and regulations in the attached Guest Rental Agreement. THIS IS A VACATION RENTAL AGREEMENT. THE RIGHTS AND OBLIGATIONS OF THE PARTIES TO THIS AGREEMENT ARE DEFINED BY LAW AND INCLUDE UNIQUE PROVISIONS PERMITTING THE DISBURSEMENT OF RENT PRIOR TO TENANCY AND EXPEDITED EVICTION OF TENANTS. YOUR SIGNATURE ON THIS AGREEMENT, OR PAYMENT OF MONEY OR TAKING POSSESSION OF THE PROPERTY AFTER RECEIPT OF THE AGREEMENT IS EVIDENCE OF YOUR ACCEPTANCE OF THE AGREEMENT AND YOUR INTENT TO USE THIS PROPERTY FOR A VACATION RENTAL.
GUEST VACATION RENTAL AGREEMENT
1. This is a vacation rental agreement. The rights and obligations of the parties to this agreement are defined by law and include unique provisions permitting the disbursement of rent prior to tenancy and expedited eviction of tenants. Your signature on this agreement, or payment of money or taking possession of the property after receipt of the agreement is evidence of your acceptance of the agreement and your intent to use this property for a vacation rental.
2. Agent, as agent of the Owner, hereby rents to You and You hereby rent from Agent, the Premises in accordance with the terms and conditions contained in this Agreement, including, but not limited to, the time period during which You are entitled to use the Premises, check-in and check-out times, and payment of the rental amount and other fees. In the event that any term of this Agreement varies from any term set forth in the Agent’s web site (including, but not limited to, the rental amount), the term specified in this Agreement shall govern absent written confirmation of a change. The information set forth above is incorporated into this Agreement by reference.
3. IMPORTANT DISCLOSURES: IMPORTANT DISCLOSURES: (a) Agent hereby discloses to You that Agent is acting for and represents the Owner; (b) Due to the possibility of accident or injury Agent prohibits young children from using hot tubs or operating elevators. Also the chemicals used to keep hot tubs sanitary may cause fading in some swimsuits and some individuals may experience mild skin rashes; (c) Despite positive verification in most cases, the occupancy number stated above may or may not be consistent with the maximum occupancy level established by city; (d): Private Pools/Heated Pools/Community Pools - Pool privileges are available only for those properties designated as such. If You have questions or concerns related to occupancy, please contact our office. AGENT WILL CONDUCT ALL ITS ACTIVITIES IN REGARD TO THIS AGREEMENT WITHOUT RESPECT TO THE RACE, COLOR, RELIGION, SEX, NATIONAL ORIGIN, AND HANDICAP OR FAMILIAL STATUS OF THE GUEST OR ANY OTHER PARTY TO THIS AGREEMENT.
4. NOTE: ARRIVAL & DEPARTURE: You agree that arrival time is between 4:00-6:00 PM (unless prior arrangements have been made and agreed to in writing) and departure time is no later than 10:00 AM. Agent will use reasonable efforts to have the Premises ready for Your occupancy at check-in time, but Agent cannot guarantee the exact time of occupancy.
5. Payment Due Dates. You shall pay the Initial Payment to Agent within two (2) days from the Lease Date, or the reservation will be automatically canceled without notice. You shall pay to Agent the Final Payment on or before thirty (30) days prior to the Arrival Date. If the Final Payment is not received by Agent on or before thirty (30) days prior to the Arrival Date, this Agreement is subject to cancellation. In such event, Agent will attempt to re-rent the property for the Term. Your right to receive a refund of the Initial Payment Due will be governed by Paragraph 14 of this Agreement.
6. Payment Method. The Initial and/or the Final Payment shall be made by money order, certified check or cashier’s check. A personal check will be accepted for any of these charges if presented to the Agent on or before thirty (30) days prior to the Arrival Date. Thereafter, no personal checks will be accepted. Credit card payment (MasterCard, Visa Card only) is acceptable.
7. Disbursement of Rent. You understand Agent will disburse up to fifty percent (50%) of the Total Rent to the Owner prior to Your occupancy of the Premises, and the balance of the Total Rent upon the commencement of the tenancy, or upon a material breach of this Agreement by You. You shall pay a $25.00 processing fee for any check that is returned by the financial institution due to insufficient funds or otherwise. Taxes shall not be disbursed from the trust account prior to termination of the tenancy or material breach of this Agreement by You, except as a refund to You. Upon written request to Agent, You will be provided with an accounting of funds relating to this Agreement.
8. Limited Damage Waiver. Included in Your rent and in lieu of providing a Security Deposit, this damage waiver is intended to protect You from accidental damage or theft to the leased premises or contents during Your stay. In order to administer the claims, Agent must be notified prior to checkout of any damage or theft. Sandbridge Blue maintains the right to hold a credit card for up to 45 days for any tenant damages, up to, but not exceeding $1500.00.
9. Trust Account. The Initial Payment, the Final Payment, and any other fees and deposits, will be deposited into Agent’s interest-bearing trust account at Monarch Bank in Virginia Beach, VA. You agree that such down payments may be deposited in an interest-bearing trust account and that any interest thereon shall accrue for the benefit of and shall be paid to, the Agent as it accrues and as often as is permitted by the terms of the account.
10. Use and Tenant Duties. The use of the Premises is restricted to use by You and Your family, unless the parties agree in writing to occupancy by a non-family group. A “family” as used herein means parents, grandparents, children and extended family members vacationing at the Premises. Use Of The Premises By Fraternities, Sororities Or Unrelated Groups Under 24 Years Of Age Is Expressly Prohibited. Occupancy is limited to the number of people noted in the property’s description on this web site. You agree to keep the Premises as clean and safe as the conditions of the Premises permit, and cause no unsafe or unsanitary conditions in the common areas and remainder of the Premises that You use; (b) dispose of all ashes, rubbish, garbage, and other waste in a clean and safe manner; (c) keep all plumbing fixtures in the Premises or used by the Tenant as clean as their condition permits; (d) not deliberately or negligently destroy, deface, damage, or remove any part of the Premises or render inoperable the smoke detector provided by the Owner, or knowingly permit any person to do so; (e) comply with all obligations imposed upon the Tenant by current applicable building and housing codes; (f) be responsible for all damage, defacement, or removal of any property inside the Premises that is in Your exclusive control unless the damage, defacement, or removal was due to ordinary wear and tear, acts of the Owner or Owner’s agent, defective products supplied or repairs authorized by the Owner, acts of third parties not invitees of the Tenant, or natural forces; and (g) notify Agent in writing of the need of replacement of or repairs to a smoke detector, and replacing the batteries as needed during the tenancy. You agree not to use the Premises for any activity or purpose that violates any criminal law or governmental regulation. Your breach of any duty contained in this paragraph after commencement of tenancy shall be considered material, and shall result in the termination of Your tenancy with NO REFUND OF RENT. Tenant understands that no refunds will be given for the lack of internet connectivity or speed, as well as loss of cable television service. It is set up to the individual home owner who contracts with a utility service to provide the ISP. Sandbridge Blue is located at 1993 Sandbridge Road in Virginia Beach and does have a wireless connection available for guests if needed.
11. Agent Duties. Agent agrees to provide the Premises to You in a fit and habitable condition. If at the time You are to begin occupancy of the Premises, Agent cannot provide the Premises in a fit and habitable condition or substitute a reasonably comparable property in such condition, Agent shall refund to You all payments made by You. In the event the Premises sustains a failure of a system or amenity (during the tenancy), including but not limited to water, sewer, heating, electrical, mechanical, ventilating, structural systems, pool, hot tub, whirlpool tub, entertainment equipment or other facilities or major appliances, Agent shall use its best efforts to promptly repair such system or amenity upon receipt of written notification from You that repairs are needed. You agree to permit Agent or its service staff to have reasonable access to the Premises to inspect and make such repair in a commercially reasonable manner and time. Neither Owner nor Agent shall be liable to You in damages and no refunds will be given for such temporary failure, provided the Agent is causing the system or amenity to be repaired in a commercially reasonable manner after having received written notification from You that repairs are needed.
12. Acts of God/Construction Noise. Neither Owner nor Agent shall be liable for events beyond their control which may interfere with Your occupancy, including but not limited to Acts of God, acts of governmental agencies, fire, strikes, war, inclement weather, including flooding and construction noise from nearby sites. NO REBATE OR REFUND will be offered in these circumstances.
13. Construction. In the event that Your reservation for the Premises is under construction, whether new construction, remodel or repair, at the time of your occupancy, Agent reserves the right to relocate You to a different property within the Agent’s rental program or that of another program. Reasonable efforts will be made to ensure that the replacement property is reasonably comparable to the Premises. Agent shall have the sole right to select such replacement property. You will have the option to: (1) accept the replacement property and pay any additional monies that are owed, as the case may be or (2) reject the replacement property and receive a refund of all rents and fees paid for the Premises. You hereby agree that Your choice between these alternatives will be Your sole remedy for any and all damages, liability or inconvenience arising out of the construction as defined herein.
14. Cancellation/Breach. In the event of: (i) Your cancellation of this Agreement or (ii) a material breach of any provision of this Agreement by You, including, but not limited to, Your failure to remit the Final Balance Due, You shall receive a refund of all payments made by You (less an administrative fee of $250.00 plus tax) only if the Premises is re-rented on the terms set forth herein. (In such an event, Agent may in its sole and absolute discretion reduce the rental amount offered without notice.) If the Premises is not re-rented Agent shall seek an amount sufficient to defray the actual damages suffered (i.e. Agent may in its sole and absolute discretion pursue to the fullest extent of the law the original balance owed) as a result of the cancellation or material breach. Whether or not the Premises are re-rented, You, rather than the Agent, shall be responsible for seeking reimbursement of any fees paid by You to Agent for goods, services, or benefits procured by Agent from third parties for the benefit of You that may have been paid out prior to Your cancellation.
15. Transfer of Premises. (a) In the event that the ownership of the Premises is voluntarily transferred prior to Your occupancy, and if the new owner does not honor this Agreement, You are entitled to a refund of all advance rent paid (and other fees owed to third parties not already lawfully disbursed). No later than 10 days after transfer of the Premises, the new owner or Agent will: (i) notify You in writing of the transfer of the Premises, the new owner’s name and address, and the date the new owner’s interest was recorded; and (ii) advise You whether You have the right to occupy the Premises subject to the terms of this Agreement or receive a refund of any payments made by You. (b) Upon recordation of such transfer of ownership, the Owner or Agent will transfer all advance rent paid by You (and other fees owed to third parties not already lawfully disbursed) to the new owner within 30 days, and notify You by mail of such transfer and of the new owner’s name and address.
16. Insurance/Mandatory Evacuation. Travel Insurance is NON-REFUNDABLE. You may elect to purchase a policy for Travel Insurance. Subject to the terms, conditions and limitations contained in the policy, the policy provides insurance for trip cancellation, trip interruption and travel delay. Ordinary bad weather is not covered under the policy. The premium for the policy has been added to Your Initial Payment. If You do not wish to purchase this policy, You must initial in the designated area on the lease agreement which states that Travel Insurance is not desired. Please note that the terms of the policy define the coverage. Any conflict in the nature or extent of the coverage between the terms of the policy and this Agreement will be governed by the policy. This Agreement is not intended to serve as a substitute for the policy or to define any of the policy terms or provisions. If State or local authorities order a mandatory evacuation of an area that includes the Premises, You shall comply with the order. Upon compliance, You will be entitled to a refund from the insurance company of the prorated rent for each night that You are unable to occupy the Premises because of the order. However, You will not be entitled to a refund from Agent, Owner or the insurance company if prior to taking possession of the Premises, You refused to purchase the policy. If a mandatory evacuation or any other event results in a cancellation, interruption or delay in Your plans, NO REBATE OR REFUND will be offered by the Agent or Owner. The policy is the only means available through the Agent or Owner to protect You from this type of loss. We urge You to take advantage of this option. All questions concerning a refund should be directed to the insurance company.
17. Expedited Eviction. A material breach of this Agreement by You, which, in the sole determination of the Agent, results in damage to the Premises, personal injury to You or others, a breach of the peace, a nuisance to others, or a violation of criminal law or local code, shall be grounds for termination of Your tenancy. You may be evicted under such procedures if You: (i) hold over in possession after Your tenancy has expired; (ii) commit a material breach of any provision of this Agreement that according to its terms would result in the termination of Your tenancy; (iii) fail to pay rent as required by this Agreement, or (iv) have obtained possession of the Premises by fraud or misrepresentation.
18. Indemnification and Hold Harmless. You agree to indemnify and save harmless the Owner and Agent for any liabilities, theft, damage, cost or expense whatsoever arising from or related to any claim or litigation which may arise out of or in connection with Your use and occupancy of the Premises including but not limited to any claim or liability for personal injury or damage or theft of property which is made, incurred or sustained by You. Neither Agent or Owner are providing any other warranty of any kind, except as otherwise expressly provided herein, whether written or oral, statutory or contractual, express or implied, including, without limitation, THE WARRANTY OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE OR USE, which are hereby expressly excluded. The terms “Agent” and “Owner” as used in this Agreement shall include their heirs, successors in interest, assigns, employees, agents, and representatives where the context requires or permits. The terms “Tenant,” “You,” and “Your” as used in this Agreement shall include Tenant’s heirs, successors, assigns, guests, invitees, representatives and other persons on the Premises during Your occupancy (without regard to whether such persons have authority under this Agreement to be upon the Premises), where the context requires or permits.
19. Right of Entry. You agree that Agent may enter the Premises during reasonable hours to inspect the Premises, to make such repairs, alterations or improvements thereto as Agent may deem appropriate, or to show Premises to prospective purchasers or tenants.
20. Assignment. You shall not assign this Agreement or sublet the Premises in whole or part without written permission of Agent.
21. Dog Friendly Homes: Limited to 2 adult house-trained dogs only in pet-friendly homes permitting dogs. No dogs allowed in pool or hot tub. Units not permitting these pets are clearly defined in our marketing material and violation of the NO PET rule will be grounds for immediate eviction without refund. Absolutely no other types of animal but dogs are permitted.
22. Disputes: This Agreement shall be governed by and interpreted in accordance with the laws of the Commonwealth of Virginia, and shall be treated as though it were executed in the City of Virginia Beach, Commonwealth of Virginia. Any action relating to this Agreement shall be instituted and prosecuted only in the Circuit Court for Virginia Beach, VA. You specifically consent to such jurisdiction and to extraterritorial service of process.