Vacation Rental Agreement
Upon the terms and conditions herein stated, this Vacation Rental Agreement (“Agreement”) is entered into between PEF Properties LLC & the Guest (“Guest”).
This Agreement is for a Term beginning on “Arrival Date” and ending on "Departure Date”. Check-in is 4:00 p.m. and Check-out is 10:00 a.m.
2. Property and Address:
30A Bradley Circle, Hilton Head, SC
3. Rental Amount, Fees and Payments:
It is hereby agreed that the Rent and Fees for the Property are as follows: RESERVATION DEPOSIT- A reservation deposit of $300 is required. This must be paid at the time of booking. The deposit is applied toward the total amount due and is only refundable within 48 hours of booking.
INITIAL DEPOSIT - An initial deposit of 40% of the total rental amount is required (minus the $300). This must be paid within 14 days of booking. The deposit is applied toward the total amount due and is not refundable. We must have a copy of your signed contract by this time.
***Final Payment due 45 days before check-in date (60 days for monthly rentals).
Access to a lock code will be provided to Guest at the time of Final Payment. When Total Amount Due is paid in full, a code to the Property will be sent to you by e-mail (or given by telephone) so that you can enter the Property on the Arrival Date stated above. Make all checks payable to PEF Properties, LLC. All charges are U.S. funds; international checks must be noted U.S. funds or they will not be accepted.
The Initial Deposit is required to be paid at the time this Agreement is signed and returned to PEF Properties, 996 Wessington Manor Ln, Fort Mill, SC 29715. No Reservation is effective until receipt of Final Payment. The Final Payment is required to be paid before entrance to the Property. Any check returned by the bank for whatever reason will be charged a $35 statutory fee and possible cancellation of Reservation and all rights and privileges hereunder.
When making a reservation less than 30 days prior to arrival, arrangements must be made to pay the entire balance prior to arrival. No personal checks will be accepted within 30 days of arrival.
4. Explanation of Rates and Fees
Published rates are weekly rates. All rental rates are subject to change without notice.
Published rates do not include state sales & accommodation taxes totaling 7%, nor do they include the Town of Hilton Head’s beach preservation fee and local accommodation tax totaling 3%. The Amenity Fee of 5% is applied to all reservations. Taxes and fees are subject to change without notice.
The Amenity Fee of 5% is applied to all reservations and is taxable. This fee helps to cover the administrative costs and services provided to each reservation to prepare for guest arrival, departure, and service support during the guest’s stay. Additionally, this fee offers Accidental Damage protection up to $2,000. See next section on Accidental Damage Protection Plan.
The Accidental Damage Protection Plan covers reported accidental damage to your rental property by you and your lodging guests up $2,000.00 and is not refundable. This fee does not cover intentional damage, theft, gross negligence or willful and wanton conduct, acts of god, any cause that was not reported during the stay, normal wear and tear, personal injury, unauthorized entry into the owner's supply closet, unauthorized pets, Check-out after 10 a.m. on Departure Day, Check-in before 4 p.m. on Arrival Day, extensive cleaning required at check-out, smoking, exceeding occupancy limits or parking limits, any reservation made fraudulently by an underage guest, loss of use of the covered property, and any other charges/policies Rental Policies and Rental Agreement including any fines imposed on Manager by the City, County, State as the result of violation of any law, ordinance, rule or regulation or any fines or cost levied against Guest or visitors of Guest (“Excess Cleaning Costs"). Any Excess Cleaning Costs will be charged immediately to the Guest’s credit card. Guest, by signing below, assumes full responsibility for any items found to be missing and any damage due to misuse, negligence or action on Guest's or Guest’s visitors part, except in the case of normal wear-and tear reported to Manager within 24 hours of Check-in.
$35.00 will be charged for all returned checks. Returned check fees not paid by your arrival date will be charged to your credit card. If your check is returned after your departure, we will charge your credit card for the balance due, plus the $35.00.
No pets allowed. Having a pet at a property without permission is cause for eviction.
5. Travel Insurance
Travel Insurance is highly recommended for all reservations. With Travel Insurance you are protecting your travel investment against a wide range of risks. Please note that no refunds will be provided due to any situation arising after 48 hours from the booking date, including from a hurricane and/or mandatory evacuations
6. Parking Limit for Rental:
Note: parking in the streets is not allowed by law. Cars must park within the Property limits. To avoid towing, please do not park on the street.
7. Indemnification and Insurance:
Guest and guest party agree that property is not a handicap accessible property. Guest agrees to indemnify and hold harmless PEF properties against all loss, damage, expense, and penalty arising from any action of the Guest or visitors of the Guest which causes injury or death to any person or damage to any property. Guest(s) agree to indemnify and hold harmless the property owner and, their employees and all their representatives from claims, suits or damages of any kind including personal injury arising out of or related to: (a) any acts or omissions of Guest(s) or their guests or invitees, (b) Guest's occupancy of the property including damages or losses arising from PEF Properties, LLC, their employees' and all their representatives' negligence or gross negligence, (c) theft of, or damage to the personal property of the Guest(s) or their guests or invitees, personal property, (d) any damages or losses relating to fire, acts of God, criminal acts, acts of the Owner's negligence or gross negligence or failure thereof, or (e) the presence mold or hazardous materials. Under no circumstances shall Guest(s) be entitled to recover consequential, incidental, or punitive damages from the Owners, their employees or their representatives. Guest is encouraged to secure the appropriate travelers or vacation insurance and/or renters insurance.
8. Trash Collection, Cleaning and Departure:
(a) Due to a need to professionally clean the Property, Check-in and Check-out times must be strictly enforced. Check-out after 10 a.m. on Departure Day without prior written approval and payment of additional fee will incur an additional full day’s Rent which will be charged as Excess Cleaning Cost against the credit card on file.
(b) It is the responsibility of the Guest to leave the Property in reasonably clean condition and to remove all Guest's property (and trash) upon Departure. During stay, Guest agrees to bag and remove to designated pick up area, all garbage. Trash pickup will not occur on major holiday. Trash cans do not need to be placed at the street. The trash company picks up cans stored under pool deck.
(c) Prior to Departure, guests are asked to fill and start the dishwasher, bag and remove the trash from Property to the trash area, and strip the linens off the beds and leave them in the tub or bathroom. If cleaning service is required to spend more than five (5) hours cleaning the Property or if a trip to the dump is required to haul away excess trash, an additional fee will be charged at $50 per hour beyond the five (5) hours (plus Dump Fees), and will be charged against the credit card on file.
(d) We are not responsible for items left behind.
(a) If the Property becomes unavailable to the Guest prior to occupancy, owner agrees to refund the full amount paid to the date of cancellation, and Guest agrees to release any claims against owner.
(b) If, for any reason, the Guest cancels this Agreement after 48 hours from the reservation date, the reservation monies received will not be refunded which is any monies applied up to the date of the cancellation will be forfeited. Guests are given 48 hours from time of booking to cancel reservation without penalty.
(c) No refund is due (or will be made) for inclement weather. Travel or Vacation Insurance is recommended to be obtained by Guest. Guest and parties listed above must comply with any mandatory evacuation order.
(d) Cancellations or early departure by the guest for any reason (excluding mandatory evacuation) do not warrant any refund of rent.
(e) A guest with a confirmed reservation wishing to change dates or accommodations will incur cancellation charges according to the schedule shown above.
(f) Allow 10 business days to process your refund. Guests will not receive a refund until all payments posted to their account have cleared the bank and are not in dispute.
10. Guest List and Occupancy Limits:
(a) Use and occupancy of the Property is limited to the named Guest. The occupancy limit stated in section 3 is the limit of guests allowed in the property. Occupancy exceeding this limit as listed above will result in immediate eviction and forfeiture of all amounts paid.
(b) The registered Guest and party(ies) on this Agreement are the only overnight guests allowed, unless prior written permission is received from owner. The Guest signing this Agreement must be at least 25 years of age and will be held responsible for all other parties and/or guests of the Guest for compliance with this Agreement, with listed policies, ordinances, rules and regulations and for any losses incurred by Manager or to the Property due to negligence or vandalism.
(c) Weddings, receptions, and parties of any kind are not allowed without a written request and approval from PEF Properties, LLC.
11. Repairs and maintenance:
(a) Repair and maintenance problems must be brought to owner’s attention within 48 hours of occupancy or occurrence, or Guest will be held liable for all such damages or repairs. Owner will have 48 hours from the time of notification by to cure any problems reported. Simply notifying the owner of a problem during the 48 hour period does not entitle the guest to any refunds whatsoever, nor the right to terminate this agreement
(b) Maintenance issues or defects in common areas or facilities do not entitle the guest to any refunds whatsoever, nor the right to terminate this agreement owner will not be responsible for any unauthorized expenses incurred by Guest or his/her guests. Costs of needless or unauthorized service will be charged as Excess Cleaning Cost against the credit card on file. Maintenance responsibilities are as follows: Owner: Electricity, water, sewer, basic cable, and basic initial supplies (1 toilet paper per bathroom, 1 paper towels, dish soap, 1 hand soap per bath, dishwasher detergent and garbage bags) and one set of towels per sleep count. Owner is not responsible to provide beach chairs or beach towels for guests.
(c) Each property is cleaned prior to your arrival. If you feel certain areas were missed, please contact the owner within 12 hours of your arrival. This will allow manager the opportunity to send the cleaner back, to complete the cleaning process and provide proper corrective action in a timely and satisfactory manner.
No Refunds will be issued to guests as compensation for self-cleaning the area in question.
(d) The pool of a private home is cleaned twice a week in the summer and once a week the remainder of the year. The guest will be charged to clean the pool beyond the pool’s normal cleaning schedule. Spa is not heated.
(e) Renter and Renter's guests usage of a rental home elevator is restricted to adults only. All children under the age of 18 are NOT PERMITTED to ride/use the elevator unless accompanied by an adult.
(f) It is your responsibility to ensure that the property is locked up and secure. Do not leave valuables, money, laptops unsecured or unattended. The owner will not be responsible, liable or accountable for thefts including break ins. Check Travel Insurance coverage.
We are here to make sure we respond to maintenance issues. If you should discover a repair or maintenance that is required, please call and/or email us immediately. However, no refunds will be given for repairs, maintenance issues or appliance failure or other circumstances. Please do not wait until you are checking out to let us know about repair or maintenance problems. We will order repairs in a timely manner once notification is given by the Guest. Guest(s) agree that PEF Properties, LLC and its representatives shall not be liable for any losses or damages including incidental or consequential damages, caused by the Property Owner's failure to perform repairs and maintain the property. No rental adjustments or reimbursement s for any reason whatsoever will be made for repairs or maintenance or the malfunction of equipment or appliances.
Please do not rearrange the furniture, take any items outside that are part of the of interior decor, move any furnishings from one room to another or into another unit. The guest will be charged if we have to rearrange the furniture after your stay. Guest expressly agrees to indemnify owner for any damages or costs to the premises, furnishings, equipment and household items therein that occur during the guest's occupancy excluding normal wear and tear.
13. Management Access to Property During your Stay
Owners or vendors may arrive unannounced to conduct regularly scheduled services such as trash removal, pool services or HVAC filter inspection during your stay. Such services will require entry into the property for a brief period of time, even if you are away during their arrival.
15. Pets:No pets allowed.
If a pet is brought into a non pet friendly property, owners may cancel the reservation and the guest will forfeit all monies and incur an additional $400 charge for cleaning.
Smoking is strictly forbidden inside the Property.Smoking is only allowed outside. Evidence of smoking inside the Property will result in immediate eviction and forfeiture of all amounts paid and will result in additional $500.00 Fee to Guest as Excess Cleaning Cost and will be charged against the credit card on file.
17. Casualty or Destruction:
Should the Property be destroyed or rendered uninhabitable by an Act of God (including, but not limited to, hurricanes, storms, floods or fires), or by environmental disaster, or loss of utilities prior to occupancy by Guest, this Agreement shall become null and void, and all payments made hereunder shall be refunded to Guest.
18. Noise Ordinance(s):
The Property is located in a neighborhood which has a "noise ordinance" in effect after 10pm. All Guests agree to respect the Noise Ordinance and to use common sense in keeping noise volume low after dark. Any police enforcement actions by the City, County or Home/Condominium Association are at the sole risk and expense of the registered Guest and may result in Excess Cleaning Cost and/or immediate eviction and forfeiture of all amounts paid.
Parking will only be permitted in the driveway. No parking is permitted on the street. Parking exceeding the limit of driveways may result in immediate eviction and forfeiture of all amounts paid.
20. Liability and Damage:
Guest agrees to defend, indemnify and hold property owner harmless from any and all liability, claims, loss, property damage or expenses, arising by reason of any injury, death or damage sustained by any person, or to the property of any person, in or on the Property during the Term of this Agreement, including Guest, additional invitees or visitors of Guest, where such injury, death or damage is caused by a negligent or intentional act of Guest, additional guest or any of Guest’s visitors or invitees. Guest is encouraged to secure the appropriate travelers or vacation insurance and/or renter’s insurance.
21. Cause for Eviction:
The Guest and all parties with the Guest will be subject to immediate eviction from the Property if the Guest or parties of the Guest violate any terms of this Agreement, including but not limited to, violation of the occupancy limits, pet provision, smoking, noise ordinance or parking. In the event of eviction from the Property, the Guest shall forfeit all amounts paid and there will be no refund of money.
22. Disputes, Fees and Costs:
This Agreement shall be governed by and construed in accordance with the law of the state of South Carolina. Any and all disputes arising out of or related to this Guest Agreement and regardless of the form of action or theory (whether in contract, tort, or otherwise), shall be subject to binding arbitration only in Beaufort County, South Carolina as the exclusive agreed upon venue. The costs of arbitration as charged by the arbitrator shall be divided equally between the claimant's and the respondent's side of any case. Guest agrees that Company has a valid legal procedures for complaints and disputes to be addressed and resolved. Guest agrees that they will not (nor will they cause or cooperate with others to) publicly criticize, ridicule, disparage or defame the Company or its products, services, policies, directors, officers, shareholders or employees with or through any written or oral statement or image (including, but not limited to, any statements made by via websites, blogs, postings to the internet, or emails and whether or not they are made anonymously or through the use of a pseudonym). Guest agrees to provide full cooperation and assistance in assisting the Company to investigate such statements if the Company reasonably believes that the Guest or the Guest associates is the source of the statements. The foregoing does not apply to statutorily privileged statements made to governmental or law enforcement agencies. In the event Guest breaches any component of the Non-Disparagement clause contained in the above clause, Guest acknowledges and agrees that it would be impractical or extremely difficult to ascertain the amount of actual damages to the Company. For this reason, Guest agrees that each violation of the Non-Disparagement provision of this Agreement shall result in the imposition of liquidated damages, and not as a penalty, in the amount of Five Thousand Dollars ($5,000), per day per each occurrence, to be paid by the Guest to the Company, which represents the reasonable compensation for the loss incurred because of the breach. The Parties agree that and acknowledge that this non-disparagement provision is a material term of this Agreement, the absence of which would have resulted in the Company refusing to enter this agreement.
23. Falsified Reservations:
Any reservation obtained under false pretense will be subject to forfeiture of Reservation Deposit and Final Balance, if paid, and such party will not be permitted to check in and/or will be subject to immediate eviction with the forfeiture of all amounts paid.
24. Succession, Assignment:
This Agreement is binding on, and the benefits inure to, the heirs and personal representatives of the parties. However, neither this Agreement nor any rights hereunder may be assigned (in whole or in part) by Guest.
25. General Terms:
This Agreement is made in, and shall be governed solely by the laws of, the State of South Carolina. Venue for enforcement shall be Beaufort County, South Carolina. If any section, clause, paragraph or term of this Agreement is held or determined to be void, invalid or unenforceable, for any reason, all other terms, clauses or paragraphs herein shall be severed and remain in force and effect. This Agreement is taken in full compliance with federal, state and local Fair Housing Laws, without regard to race, color, religion, sex, country of origin, handicap or familial status.
Guest is to be mindful that this Property is located in a residential neighborhood. Guest is expected to be courteous to residents and guests, to respectful of the rights of others, and not be abusive to reservationists, property managers or unreasonably noisy.
26. Settings on A/C:
Air Conditioners- Do not set below 72 degrees.
On extremely hot days when it is (90+ degrees) please be aware that the A/C units will not cool below 20 degrees difference from the outside temperature! DO NOT set the temperature to a lower setting, the unit will freeze up and you could cause serious damage to the A/C unit! Keep doors and windows closed. Turn on ceiling fans.
*** If we receive a call for service on either of these items and the find that systems are not working because you have reset the controls you will be charged for the service call.
All guests/occupants must evacuate the Property immediately upon the posting of an evacuation order by local, state or federal authorities.
Signature of Guest Date Signed
Signature of Owner Date Signed