Guest Rental Agreement
David Schroeder
Guest Rental Agreement
This Guest Agreement (“Agreement”) is made between , Meadow Sun Properties, and Guest (“Guest”) and relates to Meadow Sun Propeties managed accommodations.
1. This Agreement is in addition to any rental agreement entered into by Guest on the website by which Guest located the accommodations. In the event of any conflict between the terms of this Agreement and the terms of any such rental agreement, the terms of this rental agreement shall govern. By making this booking and entering into this agreement guests agree to be charged the cost for rental and provide credit card for security deposit as determined by Meadow Sun Properties. Guests also agree to provide at time of booking, a photo id of the lead booker, names and ages of guests of the property and at least 2 weeks prior to arrival, photo id of all adult parties so that they can be entered into the resort gate security system. Failure to do so can result in cancellation of booking and cancellation policy applies.
2. Guest must be at least 25 years old and able to enter into legally binding contracts to access and use rental accommodation provided by Meadow Sun Properties. By booking a reservation with Meadow Sun Properties Guest represents and warrants that they are 25 or older and have the legal capacity and authority to enter into a contract. Booker also agrees to provide photo id at time of booking as well as names and ages of all guests in the property. Failure to do so or guest numbers that fall outside of the ability of the home to accommodate such numbers in that configuration of persons, shall result in cancellation of the booking. Having more than the agreed upon numbers of persons in the property will also result in a $500 fine and cancellation of the booking at any time and if during the stay, monies for nights not stayed will not be refunded..
3. Guest understands and agrees that, prior to Guest’s use of the accommodations, Meadow Sun Properties will perform a national criminal and sex offender background check on Guest through an accredited consumer reporting agency and that, in the event of an adverse background check report, Guest’s reservation shall be canceled and Guest’s reservation deposit shall be returned to Guest minus the credit card processing fee incurred. Guest also acknowledges that a copy of the background check report will be provided by Meadow Sun Properties to the owner or property manager of the Building upon the owner’s or property manager’s request, subject to all applicable federal, state, or local requirements applicable to the recipients of such information. Use of a name other than the true legal name of Guest for the purposes of the reservation shall be grounds for immediate cancellation of the reservation and return of Guest’s reservation deposit.
4. Guest authorizes Meadow Sun Properties to charge Guest’s credit card for damages, extra cleaning required after Guest’s use of the accommodations, unauthorized early check-in or late check-out, or as otherwise outlined in the fee schedule below. Damages and extra cleaning shall be determined in the reasonable discretion of Meadow Sun Properties .
5. Guest and Guest invitees, visitors and guests must abide by Meadow Sun Properties rules and regulations and the rules and regulations of the Building, a copy of which is attached hereto. In the event of any conflict between Meadow Sun Properties’ rules and regulations and the rules and regulations of the Building, the more restrictive applicable rule or regulation shall govern. Violations of any rules may result in immediate eviction and loss of any monies paid to Meadow Sun Properties .
6. The accommodations shall not be used for any unlawful or illegal purpose under applicable federal, state, or local laws, statutes, ordinances, or orders. Use of the accommodations by Guest or Guest’s invitees, visitors, or guests for any unlawful or illegal purpose shall be grounds for immediate termination of the balance of Guest’s reservation. The accommodations shall not be used for any commercial, industrial, wholesale, or retail activity, including but not limited to subletting. The home in part or entirety may not be sublet by guest or their agents or guests. No nails, screws, fasteners, or adhesives of any kind shall be inserted into or attached to any portion of the accommodations or the furnishings, bedding, or towels or other improvements in the accommodations. Use of artificial topical body tans and their removal is prohibited.
7. Occupancy of the accommodations is limited to the number of individuals permitted by the Building or applicable laws, statutes, or ordinances. Occupancy may not exceed the number of sleeps in a property. Sun Gathering House maximum 8 adults. Ohana Gathering House maximum 10 adults. Over Occupancy is grounds for immediate eviction. Per HOA rules, cars are not allowed to be parked blocking the sidewalk and can not be parked on the lawn. In Windsor Island Resort, the maximum number of cars allowed for the home Ohana Gathering House is 4 and any cars parked on the street must be parked on the side opposite of the home as posted. Any fines or charges by the HOA for any violations of HOA rules or for repairs will be charged to the lead guest responsible. All trash must be placed in the 30 gallon bags provided. Boxes must be broken down and bagged. Larger bulk items that can't be bagged must be brought to the bulk trash location within the resort. No loose trash is allowed in the trash receptacle/seat or bin. The cost of cleaning of loose trash from the receptacle will be charged to the guests credit card. Also trash is to be placed in the trash bench OR TRASH RECEPTACLE at the front door or front of garage, daily before 7am for pickup. When possible, try to bring trash out in the morning and not leave it out overnight. Trash receptacles are not to be moved away from the front door or the front of the garage, specifically not to be brought to the curb at any time per HOA rules.
8. No pets, including emotional support animals or therapy animals, are permitted in the accommodations unless pre-approved in writing by Meadow Sun Properties . Note that the Building may not permit animals of any kind or for any purpose. Violation of these policies may result in eviction.
9. The accommodations are equipped and supplied as fully furnished, including bedspreads, linens, blankets, pillows, towels and a standard equipped kitchen. Towels for hot tubs, spas, and/or swimming pools are provided and must all be returned to property prior to final departure or guest will be charged for replacement; Furnishings and floor plans of accommodations may differ from photographs in advertisements. Large furnishings such as living room furniture and tables and beds and nightstands are not to be moved. Moved, missing or damaged items provided in the accommodations shall be charged to Guest’s credit card. Do not unplug any connections to TVs or gaming consoles. Cost to reconnect devices properly may be charged to guests' credit card.
10. Guests are responsible for reporting any maintenance immediately after check-in. Meadow Sun Propeties and Meadow Sun Properties will make every effort to address any maintenance once reported by you. No refunds will be made for any mechanical breakdowns or failures or acts of God or the weather. No refunds will be provided due to inoperable appliances, pools, hot tubs, elevators, etc. The Owner will make every reasonable effort to assure that such appliances will be and remain in good working order. No refunds will be given due to power blackouts, water shortage, flooding, snow, construction at adjacent properties, or mandatory evacuations of the area by county officials due to hurricanes or other potentially dangerous situations arising from acts of god or nature. Concern for the possibility of booking altering weather are reasons to engage with travel insurance.
11. No smoking of any product or substance is permitted in the accommodations, common areas of the Building or near Building entrances. Should the house need deeper cleaning because of such action, this will be charged to the guest's credit card.
12. No parties or other gatherings of individuals greater in number than twice the number of individuals legally permitted to occupy the accommodations are permitted in the accommodations. If Meadow Sun Properties or Property Management or HOA or resort security is notified of a noise complaint during Guest’s occupancy, Guest will be notified by e-mail or telephone. If Meadow Sun Properties or property management is notified of a second noise complaint during Guest’s occupancy, Guest will be removed immediately from the Building without refund. If law enforcement is called to the Building for any reason relating to a disturbance, noise complaints, occupancy issues, or inappropriate behavior involving Guest’s accommodations, Guest shall be responsible for all costs associated with such activity, including repair of any damage done to the accommodations or the Building, and may be subject to prosecution and/or eviction.
13. Guest is responsible for the conduct of all persons occupying or visiting the accommodations during Guest’s occupancy of the accommodations. Staff at the Building is not associated with Meadow Sun Properties . In the event Guest has any questions or concerns relating to the accommodations, including maintenance issues affecting the accommodations, Guest should immediately contact Meadow Sun Properties, or property management. Damage or cleaning issues relating to the accommodations must be reported to Meadow Sun Properties within three (3) hours of Guest’s first arrival at the accommodations. Damages or cleaning issues not so reported will be the responsibility of Guest and may result in additional charges to Guest under the fee schedule.
14. If applicable, all keys, fobs, access cards, or remotes (garage) for access to the Unit, Building, Amenities or parking area (as applicable) shall be immediately returned to Meadow Sun Properties upon completion of Guest’s stay in the accommodations. Any key, fob, access card, or remote (garage) that is not returned at the time of check-out will result in a charge. Guest will pay up to $200 per key, fob, access card, or remote (garage). All remotes and controllers for TVs gaming consoles and lights/fans are to be returned to the room from where they originated.
15. Meadow Sun Properties is not responsible for any personal property of Guest in the accommodations and does not provide insurance for any such items. Guest is responsible for the insurance of Guest’s personal property. Guest is responsible for all shipping costs for any Lost and Found items that Owner is requested to return to Guest. Items found and not claimed within 30 days will be disposed of at the discretion of Owner. Guest is responsible for all damage to the accommodations and its contents during Guest’s stay. Guest agrees to indemnify and hold Meadow Sun Properties harmless from any damage caused by Guest or Guest’s invitees, visitors, or guests to the accommodations, the contents of the accommodations, the Building or any of its common areas, and any personal injury or death suffered by Guest or Guest’s invitees, visitors, or guests to the extent such personal injury or death is determined by an appropriate authority not to have been a result of negligence or misconduct by Meadow Sun Properties , its shareholders, directors, officers, employees, agents, or representatives. Guest also agrees to indemnify Owner from and against liability for injury to Guest or any other person occupying Rental Property resulting from any cause whatsoever including, but not limited to, injury sustained as a result of use of the phone, spa, hot tub, sauna, whirlpool tub, pool, exercise equipment, elevator, etc. except only such a personal injury caused by the gross negligence or intentional acts of the Owner. Meadow Sun Properties shall not be responsible for any loss or damage suffered by Guest or Guest’s invitees, visitors, or guests due to interruption of utility services, essential services, fire, or other occurrences of a similar nature, provided, that, in the event any such interruption results in the accommodations being rendered unusable through no fault of Guest or Guest’s invitees, visitors, or guests, Meadow Sun Properties shall refund to Guest the amount prepaid by Guest and not applicable to the period prior to the accommodations becoming unusable.
16. Meadow Sun Properties reserves the right to move Guest to a comparable accommodation in the Building or in another facility at any time should circumstances beyond Meadow Sun Properties’ control arise. Meadow Sun Properties reserves the right to change dates or rates on any reservation without prior notice. In the event of any legal action to enforce or interpret this Agreement, the state courts of general jurisdiction or federal courts located in the portion of the state in which the Building is located shall have jurisdiction of such action.
17. If any provision of this Agreement is held to be invalid, illegal, or unenforceable, such provision shall be severable and the remainder of this Agreement shall not be affected and each remaining provision will be valid and enforceable to the fullest extent of the law.
18. In the event of any dispute arising out of or relating to this Agreement, whether or not litigation or another form of dispute resolution is commenced, the substantially prevailing party shall be entitled to recover from the non-substantially prevailing party its reasonable attorneys’ fees and costs incurred in resolving such dispute. In the event of litigation or other forms of dispute resolution, the right to recover such attorneys’ fees and costs shall extend to any appeals and the cost of collecting any amounts due or enforcing any judgments or orders entered in such proceedings.
19. Guest understands and consents to the use of Guest’s credit card provided without original signature on the credit card slip, that an e-mail of this Agreement may serve as an original credit card slip, and that the credit card authorization cannot be revoked and will not terminate until ninety (90) days after Guest’s use of the accommodations has terminated.
20. Fee Schedule:
• Unauthorized Late Check-Out: $100/hr after 11 a.m. local time
• Smoking in Accommodations: $250 plus all costs to clean/restore the accommodations
• Extra/excessive Cleaning: $100/hr for cleaning requiring more than 2 hours
• Unauthorized Pets: $250 plus all costs to clean/restore the accommodations
• Broken/Missing Items: Varies depending upon item and whether repair or replacement is required (as appropriate)
• Missing Keys: up to $200 /key
• Missing Key Fob/Keycard: up to $200/Fob or key card Parking Hangtag: $25 /hangtag
• Parking Remote: up to $200 /remote. TV remotes $30, Light/fan remotes $35, Gaming controller $70
21. In the event Guest wishes to terminate this agreement, Travel Insurance, Damage Protection and any processing or administrative fees are non-refundable. The refund policy is as follows: Cancel prior to 60 days of arrival refund 95%(credit card processing fee 2.5% each way)
Cancel between 30-60 days of arrival 70% refund
Cancel 30-15 days prior to arrival 45% refund.
Cancel within 15 days of arrival, no refund
22. If a hot tub or pool is provided at the Rental Property, it will be prepared and tested for proper and safe chemicals prior to or on the day of occupancy. Misuse of a hot tub or pool by the spilling of foreign substances into the pool, i.e. soap, shampoo, oils, glass or metal will result in a Service Call Charge at the sole discretion of Owner. Under no circumstances are pets allowed in pools or hot tubs. Violation of this provision shall be grounds for expedited eviction and forfeiture of all monies paid
23. Owner may terminate this Agreement upon the breach of any of the terms hereof by Guest. Guest shall not be entitled to the return of any rental monies paid under the terms of this Agreement and shall vacate the Property immediately.
24. Agreement shall be enforced under the laws of the state within which the Rental Property is located, including any applicable rental acts of that state, and represents the entire Agreement. Any amendments must be in writing and signed by both parties. In the event of a dispute, legal action may only be instituted in the county within which the Rental Property is located. If any part of this Agreement shall be deemed unenforceable by law, that part shall be omitted from this Agreement without affecting the remaining Agreement.
25. There are security cameras located at the front door, over the garage and inside the garage at both home. There are security cameras on either side of the home at Ohana Gathering House. There are no cameras inside the homes. All are to ensure property security and guest safety.