This Rental Agreement and Contract (the “Agreement”) is a legally binding agreement made and entered into by and between the undersigned person, representing themselves and all members of the rental party (the “Guest”) and Paradise Preferred Ltd (the “Owner”), pursuant to which Guest has agreed to rent Bigger Splash Vacation Villa (the “Property”) located by Spring Bay, Virgin Gorda, British Virgin Islands, for the duration of indicated Check-In Date through Check-Out Date (the “Rental Term”) for the Total Rental Fee and other good and valuable consideration as described herein and in conjunction with all terms set forth by the online booking vehicle (i.e. HomeAway, VRBO, FlipKey, Airbnb, etc.,) as applicable.
PAYMENT AND CANCELLATION POLICIES
Guest deposit of the Total Rental Fee must be received by Owner as prescribed by payment terms set by both in the online booking vehicle or other written agreement between the Parties. The balance of the total rental rate including tax, service charge, and the damage deposit must be received by Owner no less than 30 days prior to Rental Term. All changes in bookings and all cancellations must be submitted promptly in writing. Upon written cancellation, Guest will receive their full damage deposit, if paid; cancellation greater than 29 days of Rental Term, Guest will receive a 50% refund of their paid rental costs; cancellation fewer than 29 days of Check-In Date, there will be no refunds made of paid rental costs. There will be no refunds granted for late arrivals or premature departures.
The performance of the Agreement by either party shall be subject to force majeure, including but not limited to acts of God, natural disaster, war or threat of war, acts or threats of terrorism, governmental regulation or advisory, recognized health threats as determined by the World Health Organization, the Centers for Disease Control, or local government authority or health agencies (including but not limited to the health threats of COVID-19 or similar infectious diseases), curtailment of transportation facilities, or other similar occurrence beyond the control of the Parties, where any of those factors, circumstances, situations, or conditions or similar ones prevent, dissuade, or unreasonably delay the Guest from appearing at the Property, or where any of those factors make it illegal, impossible, inadvisable, or commercially impracticable to fully perform the terms of the Agreement. The Agreement may be cancelled by either party, without liability, damages, fees, or penalty, and any unused deposits or amounts paid shall be refunded, for any one or more of the above reasons, by written notice to the other party.
Guest agrees that no more than the maximum persons identified at time of booking in rental party shall be permitted to remain overnight on Property at any time during the Rental Term. Guest shall comply with the conditions and restrictions imposed upon Guest under this Agreement.
Damage deposit is fully refundable within 30 days of Guest departure, provided there is no breakage, damage, missing items, no additional cleaning for villas left abnormally dirty, long-distance calls charged to Property’s telephone, and no other outstanding charges incurred before, during or after Guest stay. All normal utilities (except for long-distance phone calls or careless or extremely excessive use of Property water supply) are included in the rental price. Guest hereby agrees to pay Owner the cleaning or replacement costs for all damages to personal property. Locked pantries, closets, and shed are reserved for the use of Owner and are not included in this rental. Unless included in rental agreement at time of booking, locked guest Cottage is not included in this rental. Guest agrees to take all reasonable steps to ensure that all persons allowed access to Property adhere to the rules and regulations governing your use of Property. Property is fully furnished, including an ample supply of bed linens and towels for Guests’ use. Rearranging the furniture or removing any items from Property is prohibited.
CONDITION AND USE OF PROPERTY
Property is provided in “as is” condition. Owner shall use its best efforts to ensure the operation of all amenities in Property, such as internet access and satellite or cable TV access. Owner shall not be held responsible for such item’s failure to work, but will make every effort to correct any issues as reported as quickly as possible. Guest acknowledges that use of amenities such as outdoor grill, pool, decks, and the like may be potentially dangerous and involve potential risks if improperly used, particularly with regard to children and such use is at Guest’s own risk.
Guest shall use Property for residential purposes only and in a careful manner to prevent any damage or loss to Property and keep Property in clean and sanitary condition at all times. Guest and any additional permitted guests shall refrain from loud noise and shall not disturb, annoy, endanger, or inconvenience neighbors, nor shall Guest use Property for any immoral, offensive or unlawful purposes, nor violate any law, association rules or ordinance, nor commit waste or nuisance on or about Property.
Guest is advised to pay particular attention to children who may be in their party so as to avoid injury or harm as some areas of Property have high balconies etc. that can pose problems to unsupervised minors. Neither Owner nor its agents are liable for any personal injury occasioned to children as a result of the negligence of either, the child, Guest, or Owner.
No pets of any kind are allowed in or on the villa’s premises without the specific written permission of Owner (granted prior to arrival). A pet or evidence of a pet found on premises will cause immediate eviction, and forfeiture of the Guest’s entire rent and deposit.
COMPLAINTS AND MAINTENANCE
Every effort is made to keep Property and its inventories in good working order. In case of a maintenance problem, Owner of the villa will repair the problem as soon as possible after being notified. However, no refund or rate adjustment shall be made for unforeseen mechanical failures such as the supply of electricity, telephone service, water, pool filtration systems, air conditioning, television or cable service, appliances, etc. It is Guest’s obligation to report any problems or damage to Owner IMMEDIATELY.
If Guest should fail to comply with the conditions and obligations of this Agreement, Guest shall surrender Property, remove all Guest’s property and belongings and leave Property in good order and free of damage. No refund of any portion of the Total Rental Fee shall be made and if any legal action is necessary, the prevailing party shall be entitled to reimbursement from the other party for all costs incurred.
ASSIGNMENT OR SUBLEASE
Guest shall not assign or sublease Property or permit the use of any portion of Property by other persons who are not family members or guests of Guest and included within the number of, and as permitted, occupants under this Agreement.
RISK OF LOSS AND INDEMNIFICATION
Guest agrees that all personal property, furnishings, personal affects and other items brought into Property by Guest or their permitted guests and visitors shall be at the sole risk of Guest with regard to any theft, damage, destruction or other loss and Owner shall not be responsible or liable for any reason whatsoever.
Guest hereby covenants and agrees to indemnify and hold harmless Owner and their agents, owners, successors, employees and contractors from and against any costs, damages, liabilities, claims, legal fees and other actions for any damages, costs, attorney’s fees incurred by Guest, permitted guests, visitors or agents, representatives or successors of Guest due to any claims relating to destruction of property or injury to persons or loss of life sustained by Guest or family and visitors of Guest in or about Property and Guest agrees to save and hold Owner harmless in all such cases.
Guest hereby waives and releases any claims against Owner, Property owner and their successors, assigns, employees or representatives, officially or otherwise, for any injuries or death that may be sustained by Guest on or near or adjacent to Property, including any common facilities, activities, or amenities. Guest agrees to use any such facilities or amenities entirely at Guest’s own initiative, risk, and responsibility.
DRUGS AND HAZARDOUS MATERIALS
Guest shall not use or permit to be brought into Property any illegal substances, inflammable fluids (e.g. gasoline, kerosene, naphtha or benzene), or other explosives or articles deemed hazardous to life, limb or property.
Property will be cleaned and sanitized before arrival of Guest, thereafter maid service will be provided throughout the duration of the Rental Term. Additional service arrangements can be made at time of rental agreement; however maid service cannot be declined. No maid service will be provided on national holidays. Contact Owner immediately if maid service is required to address specific housekeeping concerns.
Smoking is not permitted in the interior of the premises and Guests will be liable for all damages attributable to same.
ENTRY INTO VILLA
Owner or other representative reserves the right to enter Property at reasonable times and with reasonable advance notice for the purposes of inspecting Property, making repairs, or showing Property to prospective purchasers, renters, or other authorized persons. If Owner has a reasonable belief that there is imminent danger to any person or property, Owner may enter Property without advance notice. All keys must be returned at the end of the rental period.
UNAVAILABILITY OF PROPERTY
In the event Property is not available for use during the Rental Term due to reasons, events, or circumstances beyond the control of Owner, Owner will apply due diligence and good faith efforts to locate a replacement property that equals or exceeds Property with respect to occupancy capacity, location and value that meets the reasonable satisfaction of Guest. If such replacement property cannot be found and made available, Owner shall immediately return all payments made by Guest, whereupon this Agreement shall be terminated, and Guest and Owner shall have no further obligations or liabilities in any manner pertaining to this Agreement.
ADDITIONAL TERMS TO THE RENAL AGREEMENT
In addition to the standard terms included herein, Guest acknowledges and agrees that the following additional terms and conditions apply to Guest’s rental of Property:
This Agreement contains the entire agreement between the parties with regard to the rental of Property, and any changes, amendments or modifications hereof shall be void unless the same are in writing and signed by both Guest and Owner. In any dispute arising out of this rent agreement, the laws of the British Virgin Islands shall apply and the prevailing party shall recover its costs, expenses and reasonable attorneys’ fees. The words “Owner” and “Guest” shall include their respective heirs, successors, representatives. The waiver or failure to enforce any breach or provision of this Agreement shall not be considered a waiver of that or any other provision in any subsequent breach thereof. If any provision herein is held invalid, the remainder of the Agreement shall not be affected. Any notice required to be given under this Agreement shall be in writing and sent to the contact information included herein.
By checking “I’ve read and accept the terms and conditions”, the Guest hereby accepts this Agreement.