Rental Agreement


RENTAL AGREEMENT

This vacation rental contract is a legal agreement between the specific series limited liability company for “House on Belles, Limited Liability Company”, for the house property address being rented, (also referred to as “House on Belles”, “House on Belles, LLC”, “Belles Vacation”, “Homeowner”, “Owner”, “Landlord”, “Property Manager” and “Host”) and you, the Renters (also referred to as “Tenant” and “Guest” and “Renter”, “Your” and “You”). House on Belles, Limited Liability Company was formed in the State of Delaware. The certificate of formation is filed with the Office of the Delaware Secretary of State.

This contract is entered into agreement as of the date when the Renters place their reservation online via the internet website, and the reservation is accepted by the Homeowner.

The Homeowner will notify the Renters by email when their reservation is accepted. Owner reserves the right to refuse service to anyone with our without reason.

Rental Agreement: We, the Renters (also referred to as “Tenants” and “Guests”) agree to the following:

0) PAYMENT DUE - All rental monies are due according to the payment schedule disclosed under "Payment Policy" above on reservation acceptance, and must be fully paid prior to arrival / check-in, based on the payment terms of the reservation.

1) CLEANING AND HOUSEKEEPING POLICY: The home is provided with pillows, linens, blankets, comforters, bath towels, kitchen towels, hand towels and basic toiletries. Any housekeeping issues are to be reported immediately when you check into the property. Guest to provide pictures and to coordinate directly with housekeeping so they can return to the property to resolve. Lack of cleaning or poor cleaning is not a basis for a refund. There are NO refunds for housekeeping issues.

2) REFUND POLICY
Unless otherwise stated by your Airbnb or HomeAway/VRBO reservation, the following is the refund policy for cancellations that the renters’ request: 90% refund up to 60 days before the check-in date; 50% refund up to 30 days before the check-in date. Less than 30 days before check-in, renters’ will forfeit the total reservation payment, and will not be eligible for a refund.

EARLY DEPARTURE - There are NO REFUNDS for EARLY DEPARTURE.

3) WEATHER, MEDICAL, and other UNFORESEEN CONDITIONS - There are NO REFUNDS and no-future use credits for hurricanes, tropical storms, power outages, snow storms, blizzards or other weather related conditions, even if a mandatory weather evacuation is ordered. Further, there are no refunds for medical reasons, viruses, national pandemics or travel restrictions.

The reservation payment holds the property for guest use for the specified dates. Travel protection insurance is not included with the reservation. Guests’ may further protect their trip by purchasing Travel Insurance or Cancel for Any Reason Insurance offered by the Booking Platform, or from a third party insurance provider. We encourage our guests to protect their vacation lodging separately.

COVID-19 Rental restrictions: If guests are prohibited by the owner to access the property due to short term rental restrictions, enacted by local government orders, due to covid-19, guests’ will be provided further protection for their reservation payment. Specifically, guests’ can request and receive a 100% credit for future us, good for 12 months from the scheduled check-in date if government orders prohibit the owner from providing guests’ access to the property. The credit is an amount equal to what the guest paid, and will apply to a reservation made at www.bellesvacation.myvr.com

4) CONDITION OF PROPERTY: Owners have, to the best of their ability, given an accurate description of the property and its condition. Guest understands that it is considered as reserved "sight unseen". Guest understand that the owner is not responsible for the condition of the resort or areas outside the listing of the house / cabin itself. Under no circumstances will any of the rental money be refunded or returned to the guest because of the condition of the house or amenities.

4a) Resorts offer amenities and from time to time perform activity to upgrade resort areas. If there is construction outside the cabin or home, it will be posted to the listing within 2 weeks of the owner being informed of work. Guest understands that it is possible for resort management to initiate a new construction project after the guest already booked. Refer to cancellation policy for guest rights. Other than the standard cancellation policy provided, there are no refunds for resort construction noise or construction activity.

4b. The items listed below should be in good working order and are inspected and maintained regularly. However, the failure of operation of any item, including the items listed, are not a basis for any refund: Air conditioning, electrical, plumbing, appliances, hot tub, pool heat, Internet or WiFi are not a basis for any refund. Owner will make every effort to have these items repaired but does not guarantee that they will be repaired during Guests occupancy. Owner will have tradesmen attend to the problems during normal day light business hours. Resolving issues over weekends and holidays is not likely and not guaranteed to occur.

4c. The Guest agrees to hold the Owner harmless from any liability for the condition of the house. Activities on the mountain or on the beach or anywhere on the resort are not always stable. Therefore, guests should use these areas with caution and at their own risk.


5) CLEANING & REPAIRS: All homes have cleaning included in the total rent. Guest agrees to keep house, furniture and furnishings in good order. Removing, adding or changing furniture without Owner’s written approval shall be deemed a material breach of this Rental Agreement, and is strictly prohibited.

If Damage Protection Insurance does not cover guests damages, Guest is responsible for cost of replacement of any damage to furniture or premises and replacement of missing items. Under no circumstances can any furnishing or linens be taken outside onto the beach, resort, or mountain terrain.

6) ENTRY OF PREMISES: With Guest’s permission, which is hereby given, Owner or Owner’s representative may enter the premises during reasonable daylight hours without securing prior permission from Guest, but shall give Guest notice of such entry immediately prior if possible and immediately thereafter. For inventory and maintenance purposes a property management employee of the Owner may need to enter the premises. The same permission procedure applies as above. In any emergency, Owner or Owner’s servicing agents may enter the premises at any time without permission of Guest for the purposes of making repairs to alleviate such emergency. If Guest abandons or vacates premises, Owner may, at his option, terminate this agreement, re-enter the premises and remove all Guest's property.

7) USE OF EXTRAS - The property can be equipped with extra equipment as advertised in the listing / reservation. If the renter uses these items it is AT THEIR OWN RISK and it is their responsibility to ensure they are put away safely after use.

8) ASSUMPTION OF RISK: No lifeguard is on duty. Accordingly, persons using the beach or pool do so at their own risk and the owner assume no responsibility for accident or injury. No one should swim alone. Renters will hold the Owners harmless from any and all bodily injury and/or property damage incurred on the property arising out of Renters' negligent acts or omissions. See disclaimer below.

9) CHILD PROOFING: Guest understands that no special efforts have been made to “childproof” this house, and accept the risk or harm to any children we allow on the property. These risks are not limited to, but include access to the ocean, pool, adjacent properties, cleaning supplies in the house and plants in the house, patio and on the road, that might be poisonous if ingested.

10) FURNITURE: All furniture must be returned to its original location on Guest's departure or an additional charge may be made.

11) MISSING ITEMS - Renters will be charged for any missing items reasonably attributable to Renters and not returned after notification. The cleaning service performs an inventory/survey of the property after Guests depart and notifies the Owner of any missing items. Owner will notify guests in the event that items were inadvertently taken, and provide guests the opportunity to return the missing items.

12) USE OF SECURITY CAMERAS - Renters understand and accept that the property is protected with outside security cameras. These cameras are used to protect the property from potential break-ins and theft. There are NO cameras inside the house / condo.

13) PERSONAL PROPERTY: Guest understands that any personal property of and used by Guest is not insured by Owner and Owner shall not be responsible for any lost, stolen or missing property of the Guest during their stay, or property of Guest left after check out.

14) RESORT, BEACH or MOUNTAIN CONDITION: Guest understands that Owner has no control over the condition of the resort, beach OR mountain activity, and cannot be held liable for any amenities, exterior conditions or scenery of the resort, beach or mountain conditions.

15) RENTERS AGE: The Renter must be 25 years of age to book this Vacation Rental. Any special occasions such as weddings, receptions, family reunions or increase of occupants (guests not registered on registration form) must be disclosed at the time the reservation is made and is subject to Owner's advanced approval. Prom parties, fraternity or sorority parties, spring breakers, and graduation parties are not allowed at any time. Adults cannot rent property on behalf of underage guests, no exception.

16) NON-SMOKING - This is a NON SMOKING vacation rental. Evidence of smoking, such as the smell of cigarette or cigar smoke inside the home by the staff is sufficient basis to charge the renter for smoke cleanup and removal from carpeting, AC ducts & filters and furniture. This type of clean up is expensive and Renter is Liable for the deep cleaning Costs incurred.

17) PETS: No pets are permitted in the home unless agreed to in advance, and paid for as part of the reservation. Some of our properties allow for dogs, others do not. Seek approval prior to booking and prior to coming on site. No cats. Additional fee applies for pet hair found on beds or furniture. Strictly enforced.

18) MAXIMUM OCCUPANCY is set in the listing. Approval for over occupancy is required, and there is a nightly fee for additional guests over the maximum. Bedding is not provided for over occupancy.

19) SUBLETTING: Guest is not authorized to let or sublet all or any part of the premises nor assign the lease or any interest in it without the prior written consent of the Owner.

20) CHECK-IN & CHECKOUT - Check-in and check out is provided for in the listing reservation. A late checkout is subject to extra rental charges at the rate of $150/hour after a grace period of 30 minutes. Guests may arrange for extra nights in advance to avoid any late checkout fees. Extra nights are charged at the daily rate and may be granted if available. PLEASE checkout promptly, the cleaning crews have a very short time window to prepare the villa and property for new guests.

21) HOLDING OVER: Because of the nature of Owner's business (short term winter and summer recreational rentals) Guest understands, and is hereby put on notice that any unauthorized "holding over" of the property past the stated rental period could severely jeopardize Owners business and cause loss of rental income from other previously booked guests, temporary and/or permanent loss of business, goodwill and reputation and, among other things, could force Owner to breach an agreement with similar short term summer and winter recreational Guest(s) who may have reservations during Guest's unauthorized "holding over" period. In the event, Owner may be legally liable in damages to said other guests. Guests should be aware that unauthorized "holding over" has been construed as a factor in establishing "malicious continuing occupation" of rental property, which may entitle Owner to treble damages in any unlawful detained action. Guest also recognizes the unauthorized "holding over" could be grounds in court as a cause of action for intentionally interfering with Owner’s prospective business advantage. In addition, we will charge $150 an hour past 11:30 a.m. on day of check out.

22) RELATIONSHIP OF PARTIES: It is specifically agreed and understood that the relationship between the parties herein shall be deemed to be of proprietor and lodger or Guest as opposed to a relationship of landlord/tenant. Guest specifically waives and make inapplicable to this lodging the provisions of TURKS & CAICOS ISLANDS landlord/tenant Law.

23) REMEDIES: In the event of a default to the Rental Agreement, particularly, but not limited to Guests unauthorized "holding over" or those acts mentioned above in this agreement, and in addition to all other rights and remedies Owner may have at law, Owner shall have the option, upon written or email notice or as the Law may hereinafter provide, Owner may immediately re-enter and remove all persons and property from premises. In such an instance, the Rental Agreement will be terminated, and Owner shall be entitled to otherwise recover all damages allowable under the Law. The Guest, as part of the considerations of this special rental, in recognition that this property is booked in advance by other Guests throughout the year, hereby waives all claims for damages that might be caused by Owner; re-entry and taking possession of premises or removing or storing property as herein provided, and will hold Owner harmless from loss, costs and damages occasioned thereof, and no such re-entry shall be considered or construed to be a forcible entry. Further, if for any reason Owner is unable to deliver possession of the premises to Guest at the commencement of the term specified in the Rental Agreement, Owner shall refund amounts paid by Guest, but shall not be liable for any other damages caused thereby.

24) ATTORNEYS FEE/DEFAULT: If any legal action or proceeding (including default, non payments, etc.) arising out of or related to this Rental Agreement is brought by either party to this Rental Agreement, the prevailing party shall be entitled to receive from the other party, in addition to all other relief that may be granted, the reasonable attorney's fees, costs and expenses incurred in the action or proceeding by the prevailing party.

25) INDEMNIFICATION: Guest agrees to indemnify and hold harmless Owner for any liability arising before termination of this Rental Agreement for personal injuries or property damage caused by the negligent, willful or intentional conduct of Guest(s).

26) PRIOR AGREEMENTS: No prior agreement or understanding not contained in writing herein shall be effective. Furthermore, Owner, other than what is specifically written and set forth herein, makes no other or further representation regarding the nature, character and quality of the premises to be rented, and no representation shall be deemed to exist or be material unless and until it is reduced to a writing and signed by the parties. This Rental Agreement may be modified in writing only, and must be approved by the parties in interest at the time of the modification. It constitutes the entire agreement of the parties. If any provision in this contract held by any court to be invalid, void or unenforceable, the remaining provisions shall nevertheless continue in full force.

27) FORUM SELECTION, JURISDICTION, LAW AND VENUE – The parties agree to the exclusive jurisdiction and venue of the State of Delaware for the resolution of all disputes arising under this Agreement. The sole and exclusive venue (i.e. place where lawsuit may be filed) for any legal proceedings shall be in the State of Delaware. Guest expressly waives any other right or privilege with respect to the election of venue or court (i.e. state or federal) and location of the venue of action. GOVERNING LAW – It is expressly agreed that this Agreement shall be governed and construed by the laws of the State of Delaware only, irrespective of the state of residency of Guest or the state of the rental property.

Disclaimer: Renters understand that the Homeowners are not responsible for any personal injury caused by slipping on wet pavement or surfaces, and that tenants are responsible for exercising care when surfaces are wet or slippery due to weather, ocean or mountain conditions or use of hoses to wash down areas, and further, that the homeowners are not responsible for any personal injury or loss or damage to tenants’ property caused directly or indirectly from foul, inclement weather conditions, Acts of God or nature, failure of heat, accidents related to fire, heaters, stoves, tenants’ failure to take adequate precautions around wet areas, or any unforeseeable circumstances.

Under no circumstances will Tenants or their guests hold the Owners of the Vacation Rental responsible for any damages or claims of any kind resulting from their stay, except for intentional acts of harm.

28) TRASH – All trash is to be removed from the house / unit and properly disposed. There is a fee per 13 gallon kitchen bag for anything left remaining in the house.

29) CHECK-OUT LIST
• Check out on time
• Remove all trash
• Wash and put away dishes
• Remove food from fridge, freezer and cabinets
• Adjust thermostat - 86 degrees for summer months (Apr – Nov); Heat 58 degrees for winter months. (Dec – Mar);
• Turn off all lights and fans, and close windows;
• Lock doors

30) HOUSE RULES are provided on the listing, and sent via email or via booking platform messaging application. Guest agrees to these house rules upon accepting this reservation. Guest agrees that they can be charged a fee, which is published in the listing, per incident for breaking or not following the house rules. Fee can be charged up to 20 days past check-out.

30a. A SERVICE FEE to be paid by the guest for on-site requests that are not a true safety emergency. I.e. gas leak. Guest requests could include, but are not limited to maintenance, plumbing, cooling, Internet, pool/spa heat. The guest reservation is for a self-catering stay. On-demand / on-call service is not provided. Vendors are not available on holidays or weekends.

30b. An ISSUE with the house during the stay is possible. Under no circumstance is the guest entitled to any refund for their stay.

32) Covid-19 Liability Release Waiver
• I am fully and personally responsible for my own safety and actions while at the property being rented, and I recognize that me and my guests may be at risk of contracting COVID-19.
• With full knowledge of the risks involved, I hereby release, waive, discharge, House on Belles LLC, its owners, members and successors, from any and all liabilities, claims, demands, actions, and causes of action whatsoever, directly or indirectly arising out of or related to loss, damage, injury, or death that may be sustained by me related to COVID-19 while renting the property, or around the premises while using the facilities that may lead to unintentional exposure or harm due to COVID-19.
• I agree to indemnify, defend, and hold harmless House on Belles or any related owners from and against any and all costs, expenses, damages, lawsuits, and/or liabilities or claims arising whether directly or indirectly from or related to any and all claims made by or against any of the released party due to injury, loss, or death from or related to COVID-19.

ACCEPTANCE: It is understood that this agreement is accepted as part of an online booking reservation that occurs via an internet website. Acceptance of the reservation online serves as the signature acceptance for this agreement. This agreement and disclaimer applies to Renters and all guests in the Renters’ party. I, the Renter, have read, understand, agree to, and will abide by this rental agreement and all conditions stated herein.