Terms & Conditions/Rental Agreement
Terms & Conditions/Rental Agreement
Terms and Conditions
THE RENTAL REPRESENTED ON THIS SITE IS A VACATION RENTAL ONLY. THE RIGHTS AND OBLIGATIONS OF THE PARTIES TO THIS AGREEMENT INCLUDE UNIQUE PROVISIONS PERMITTING THE DISBURSEMENT OF RENT PRIOR TO TENANCY AND EXPEDITED EVICTION OF TENANTS. YOUR SIGNATURE ON A RENTAL 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 THE PROPERTY FOR VACATION RENTAL. 1. PAYMENTS AND FEES: Payment in full is required at time of booking. 100% refund of amount paid for cancelations at least 60 days before check-in. 50% refund of amount paid for cancelations at least 30 days before check-in. No refund for cancelations less than 30 days before check-in. 2. CANCELLATION/TRANSFER: Tenant agrees that the lease may not be assigned or sublet, even to a member of the leaseholder’s family. Breach of this condition shall result in termination of reservation and lease. Notice of any cancellation must be received in writing by fax, letter, or email. Changing date of stay is upon availability basis only. 3. DAMAGE/DEPOSIT: Property must be in same condition at the end as at commencement of the lease. Any excess cleaning, damage repair, excess trash removal, arranging furniture back to original position or service calls incurred beyond that which is considered normal and customary because of occupancy under the lease will be deducted from security deposit. A list of charges will be mailed to Tenant within 14 days of termination of tenancy and Deposit less any charges will be returned at that time. The Owner or his Representative is the sole judge of what is normal and customary. All damage or problems should be reported to the Owners as soon as possible regardless of whether they are due to fault of the Tenant or guests. 4. OCCUPANCY RESTRICTIONS: PREMISES TO BE USED SOLELY AS A PRIVATE DWELLING FOR THE OCCUPANCY OF TENANT AND TENANTS FAMILY/FRIENDS. During the term of the lease Tenant is responsible for the property and action of his/her guests. Lease holder must at least be at least 25 years of age. Occupancy shall not exceed the pre-prescribed number on the Lease at any time without prior written agreement of the Owner. Possession by fraud or misrepresentation or material breach of the terms of the vacation rental agreement results in termination of this tenancy. Breach of the lease agreement is grounds for expedited eviction without refund. 5. PETS: Pets are not permitted under any conditions. 6. SMOKING: All properties are NON-SMOKING. Smoking of any kind is not permitted inside the house. When smoking outside the house ensure that all smoking materials are discarded in ash trays. 7. LINENS: Sheets, pillowcases, blankets, towels, beach towels, hand towels and wash cloths are provided. 9. CHECK-IN: Check in time is at 3:30 p.m. on date of arrival unless other arrangements are made in advance. During the lease period, Owner or Owners Representative retains the right to enter the property at any time and Tenant agrees to admit all repair personnel authorized by Owner or Owners Representatives for repair or maintenance of premises. 10. CHECK-OUT: At expiration of this lease Tenant agrees to surrender possession of this property peaceably and without delay in as good condition as it was at commencement of this lease (reasonable wear and tear, acts of God and/or other cause over which the Tenant has no control excepted). After termination of this lease, Tenant and/or his guests may not re-enter property or occupy premises without prior arrangement with the Owner. Check out time is 10:30am unless otherwise specified in advance. 11. ALLEGED DEFICIENCIES OR CLAIMS OF MISREPRESENTATIONS: Tenant waives any right to allege deficiency in the premises or to otherwise claim that the Owner and Owners Representative has misrepresented the property. Tenant agrees to inspect the property upon arrival and report any weakness that may result in injury to him or his family or guests. Broken or missing items should be reported to Owner. Tenant will indemnify Owners Representatives, and/or the Owner for any injuries, accident or otherwise, that may be incurred or suffered upon the premises by Tenant and Tenants guests, or anyone associated with Tenant for any cause whatsoever during the term of this contract even if caused by gross negligence on the part of the owner. Tenant is responsible for any damages to the property resulting from accident or negligence of Tenant or Tenants guests during the term of this lease. Personal property of the Tenant in said premises shall be and remain at his sole risk and neither Owner nor Owners Representatives shall be liable for any damages to or loss of such personal property arising from any acts of negligence of any other person or leaking of the roof or from bursting, leaking or overflowing of water, sewer, or from air conditioning or plumbing fixtures, or from the handling of electric wires or fixtures or from any cause whatsoever. Neither shall the Owner nor Owners Representatives be liable for any injury to the person of the Tenant or other persons in or about the premises. The Tenant expressly agrees to save the Owner and Owners Representatives harmless in all such causes. Owners Representatives and Owner are not responsible for items left behind. Owners Representative will make every effort to locate items and if found return them. 12. PROPERTY: A) Extras; Televisions, internet service, stereos, telephones, etc., herein called Extras, when advertised as available in or when supplied in a leased property are supplied at no extra charge as a convenience for Tenant and Tenants guests use. In the event of a malfunction or breakdown of Extras, Owners Representative will have the Extra repaired as quickly as practical. Tenant agrees that there will be no refund for malfunction or breakdown of extras. In the event of malfunction of any other appliance or feature, including air conditioners, Tenant must notify the Owners Representative so repair of malfunction can be made. Owners Representative will expedite repair, but no refund of rent will be made. B) Owners Areas; Locked areas such as Owners personal storage areas are exempt from this lease and are off limits to the Tenant. Entry into these areas is cause for immediate eviction and Tenant will be responsible for any damages or missing items. C) Water Quality; Owner and Owners Representatives are not responsible for water quality. 13. LEGAL: A) If, in the Owners or Owners Representatives sole discretion, the Tenant or Tenants guest become objectionable as a Tenant, the Tenant agrees to remove Tenant and Tenants guests’ effects from premises upon Owner’s request. Tenant further agrees to be liable to Owner for all damages and/or from Tenants holding-over (continued occupancy after either eviction or Check-Out) in violation of the lease. The leased property will not be used for any activity that violates local or Federal Laws. If Tenant shall break or violate any of the within covenants, conditions, or agreements, then, and in such events Tenant may be evicted and removed from the property in an expedited eviction proceeding brought by the Owner, or Owners Representative. B) If during the term of the lease, the building becomes uninhabitable, without fault or negligence on behalf of the Tenant, the lease shall terminate, and the Tenant shall pay the portion of the rent until the time of such incident. However, Tenant, shall not be entitled to any refund due to unfavorable weather, hurricane, evacuation, or disruption of utility services after occupancy. 14. DISCLOSURES: By their signature, tenant expressly authorizes Owner and/or Owners Representative to deposit all advanced sums in a bank account. It is understood and agreed that all accrued interest upon said amounts shall inure to the benefit of Owner. It is hereby stated that in the event the Owner cannot provide the premises described above in a fit and habitable condition on the date the Tenant takes possession, Tenant shall be entitled to a full refund. No Representation or warrantees are valid except as provided in The Rental Contract. Refunds due to cancellation are in accordance with the schedule provided by Owner and described within the Rental Contract. 15. BREACH: Tenant agrees to reimburse Owner and/or Owners Representative for all costs and expenses, including reasonable attorney fees, incurred because of any breach of this lease by Tenant or Tenants guests. 16. WAIVER OF LIABILITY: The Tenant will assume all responsibility for Tenant and Tenants guests for the risk of using the property and agrees to waive any claim whatsoever against Owner or Owners Representative for accidents or claims arising from use of the property. The Tenant also understands and agrees that he/she is responsible and liable and will pay Owner upon request for any damages that occur to the property and its support equipment through his or his guest’s accident, misuse and/or negligence. 17. VALIDITY: If a court of competent jurisdiction shall find any portion of this lease invalid, such decision shall have no effect on the remainder of this lease agreement.
This rental agreement is entered into by and between the renter/s and INDIGO HOUSE/Scott J Wooley hereinafter referred to as "OWNER.” This agreement constitutes a contract between the RENTER(S) and OWNER. Please read this Vacation Rental Lease Agreement thoroughly. Any money received by owner for occupancy of vacation property indicates the acceptance of the terms and conditions of this Vacation Rental Lease Agreement. It is the responsibility of the RENTER(S) to be familiar with all policies within this agreement. This occupancy will be in the form of a Vacation Rental only and not constitute a permanent or primary residence or other tenancy. Rental Property physical address: Indigo House Breakwater Drive Exuma, BS TERM OF LEASE: The lease begins at 3:30 p.m. EST on Check-in Date and ends at 10:30 a.m. EST on Check-out Date. MAXIMUM OCCUPANCY: The maximum number of overnight guests for this property is limited to fourteen (14) persons. If RENTER exceeds the maximum occupancy, RENTERS and renter’s guests are subject to immediate removal and forfeiture of their security deposit and rental payment. SMOKING: This is a NON-SMOKING property. Smoking is not allowed inside Indigo House. RENTER or renter’s guest not adhering to the No Smoking Policy will forfeit their security deposit. PETS: Pets are not permitted. Guests not adhering to the No Pet Policy will forfeit security deposit. SECURITY DEPOSIT: A security deposit of $1,000 is required at the time of booking. The security deposit is fully refundable within 14 days post departure, provided the following provisions are met:
- a) No damage is done to property or its contents, beyond normal wear and tear.
- b) No charges are incurred due to contraband, pets, smoking, or collection of rents or services rendered during the stay.
- c) No excessive cleaning required. All debris, rubbish and discards are placed in garbage bins.
- d) No excessive utility charges are incurred.
- e) No linens/towels are lost, stolen, or damaged.
- f) The Key is returned.
- g) The RENTER (or any of RENTER'S visitors) is not evicted by the owner (or representative of the owner), or the local law enforcement.
PAYMENT: 100% payment of Total Rental Cost is due upon booking.
CANCELLATIONS: A 60-day notice in writing is required for cancellation. Cancellations within the 60 day window up to 30 days prior to arrival, will be refunded 50%. Reservations canceled within 30 days of arrival are non-refundable. Security deposit, cleaning fee and liability Insurance charge are fully refundable.
ADDITIONAL CHARGES: RENTER will be charged additional fees for the following:
- Internet or cable charges for any programing ordered during the rental period.
- Any damage exceeding $1,000 to Indigo House or its contents.
- Excessive electricity/water usage.
FALSIFIED RESERVATIONS: Any reservation obtained under false pretense will be subject to forfeiture of advance payment, deposit, and/or rental money, and the party will not be permitted to check-in.
GUESTS/PARTIES: RENTER must supervise their guest(s) while on Indigo House property. In no event may the maximum occupancy (as listed in this agreement) be exceeded without written consent.
CLEANING: A cleaning fee of $275 is due at time of booking. Cleaning service is provided every three days during the renters stay.
MAINTENANCE: It is expected that major systems in and around the condo will break down from time to time such as air conditioning, washer, dryer, refrigerator, etc. Property manager will attempt to repair the problem as soon as possible upon notice by the RENTER. OWNER assumes no liability to RENTER if such should occur as all products have a useful life and break down occasionally.
ILLEGAL DRUGS: No illegal drugs are allowed on the property. RENTER understands that possession and use of any such substance is grounds for immediate eviction and forfeiture of payment. RENTER further waives any and all rights to recourse against the OWNER for enforcing this clause.
RENTER REPSONSIBITIES: All occupants are required to perform "Normal" household duties that include, but are not limited to:
- Garbage removal
- Cleaning of used dishes
- Notification to Property Manager of any damages or problems with the property
- Locking of all doors when RENTER leaves the house.
SUBLETTING/ASSIGNING/OCCUPANCY: There shall be no subletting of the premises. The RENTER shall occupy and use the premises as a vacation rental only and not use the premises for any business, professional, unlawful, or hazardous purpose.
REPAIRS: The OWNER must be notified immediately if you discover any item that needs repair/replacement.
HOLD HARMLESS AND INDEMINTY: OWNER of rental property shall not be liable for any damages and/or injury to RENTER and/or their guest(s), or their personal property due to RENTER'S acts, actions, or neglect. RENTER agrees to hold OWNER harmless against any claim for damage and/or injury due to RENTER'S act or neglect or their guests act or neglect.
ENJOYMENT AND PRIVACY: RENTER and their guests agree not to violate enjoyment and privacy of the surrounding neighbors. OWNER is not responsible for the actions of other property owners in the area, as I have no control over their actions.
WEATHER/ ACTS OF GOD: OWNER is not responsible for any weather conditions or acts of God or nature that happen during RENTER'S stay on premises.
UNFORSCEEN CONDITIONS: If any unforeseen conditions or problems with Indigo House arise prior to or during RENTERS stay, OWNER reserves the right to either pro-rate or refund RENTERS payment. Such unforeseen conditions could be the following but are not limited to, hurricanes, storms, vandalism, flood, etc. OWNER assumes no responsibility for such unforeseen conditions.
ACCESS: RENTER agrees to allow access to the house and property to OWNER and his agents upon 24 hours' notice. Agents include but are not limited to, property managers, plumbers, electricians, rental companies, pest inspection, etc. OWNER reserves the right to inspect the premises and interior upon 24 hours' notice to RENTER. RENTER agrees not to deny access. If RENTER refuses to allow access to OWNER or any agent designated by OWNER, the OWNER reserves the right to terminate the RENTERS vacation rental and RENTER will immediately vacate the premises upon demand by OWNER and will forfeit the rental payment.
SAFETY: RENTER acknowledges and agree that they are responsible for the safety of themselves, their guests, and their children with respect to the pool, the deck areas, and the premises. RENTER acknowledges and agrees to hold harmless from any injuries to them or their guests. It is understood that there is no lifeguard, and that supervision is their responsibility.
KEYS: Access to the property is provided by key. RENTER agrees to return the key/s upon departure. Key/s should be left on the guest book. Failure to return the key/s after departure will result in a $250 key replacement fee deducted from the security deposit.
LAWS: The Laws of the Bahamas shall apply to all terms under this Agreement. Any dispute under this agreement shall be venued in Bahamas.
LIABILITY: RENTER may be responsible and liable to OWNER for damages in excess of the security deposit for any damage or loss caused by RENTER or its guest.
WRITTEN EXCEPTIONS: Any exceptions to the above-mentioned policies must be approved in writing in advance.
BREACH OF AGREEMENT: Failure to comply with any of the foregoing clauses and overall rules established by OWNER will subject you to immediate removal from Indigo House and forfeiture of all rental payments and security deposits. If RENTER fails for vacate the premises at the end of the rental period prescribed in this agreement, RENTER shall be charged and liable to OWNER for $2,000 per day for every day past the date and time specified in this agreement.
SURVIVAL: If any clause or term in this lease is contrary to law, the remainder of the Lease shall remain in full force.
CERTIFICATION: By using this website, the RENTER(s), hereby certify and consent that they have read the entire agreement and conditions and agree to the terms and will comply with them during rental period.