Rental Agent is deemed Diamond Vacation Homes, LLC, and the Guest is deemed the Person(s) agreeing to rent any Property managed by Diamond Vacation Homes, LLC.
1. CHECK-IN/CHECK-OUT TIME. Check-in time is 4:00 PM. Check-out time is 11:00 AM (10:00 AM for homes in Reunion Resort). Early or late arrivals and departures may be arranged with the Rental Agent in advance. Any unauthorized check-outs between 11:00 AM and 4:00 PM. will be charged a fee equal to 50% of one night’s rental fee which shall be charged to the Guests credit card. Unauthorized check-outs after 4:00 PM will be deemed hold-overs and charged a fee equal to 150% of one night’s rental fee which will be charged to the Guests credit card. If you need to check in earlier than 4:00 PM or check out after 11:00 AM (10:00 AM for homes in Reunion Resort), you must receive prior approval from the Rental Agent.
2. MAINTENANCE AND DAMAGE. Guest acknowledges that, unless the Rental Agent is notified immediately upon occupancy, the Property including the furniture, furnishings and appliances shall be deemed to be in good working order, condition and repair. Guest shall keep the Property in a clean and sanitary condition, and shall immediately notify Rental Agent of any damage to the Property or its contents, or any inoperable equipment or appliances. Guest shall surrender the Property, at termination, in as good condition as received, normal wear and tear expected. Guest shall not commit any waste upon the Property or any nuisance or act which may disturb the quiet enjoyment of any neighboring occupants. Guest hereby acknowledges and agrees that insurance policies of the Rental Agent and the Owner of the Property do not cover the Guests personal property.
3. OCCUPANCY. The maximum occupancy of the Property is set by the Owner and Rental Agent and published online at www.diamondvh.com as the total number of people (adults and children) allowed in the property. If the Property is occupied by more than the published number of people, the Rental Agent shall have the option, in Rental Agents sole and absolute discretion, to declare Guest to be in breach of this Agreement and Rental Agent shall be entitled to require all persons occupying the Property to immediately leave the Property or be removed from Property and shall automatically forfeit the right to the return of any unused Rental Fees and/or shall be subject to a charge of $1,000.00 to the Guests credit card.
4. HOLDING OVER. There will be no holding over or late departure without prior approval of the Rental Agent. Any unauthorized holding over by Guest will be subject to a charge of 150% of the daily rack rate for the Property as published on the Rental Agents website at www.diamondvh.com, plus any additional damages incurred such as the cost of alternate housing for guests displaced by Guests holding over which shall be billed to the Guests credit card.
5. NO SMOKING. No smoking is allowed inside the property. Smoking inside of the Property is strictly prohibited at all times. The Guest shall be responsible for all damage caused by the smoking, including but not limited to, stains, burns, odor and removal of debris. Guest may be required to immediately leave the Property, or be removed, in which case the Guest forfeits all rights to the return of any unused Rental Fees. Guests violating this policy will be charged a minimum cleaning fee of $500 which shall be billed to the Guests credit card.
6. NO PETS. Pets are not allowed in or on the property. If an unauthorized pet is in the Property, the Guest shall be responsible for all damage caused by pet. Guest and the Guests invitees will be required to immediately leave the Property or be removed. If Guest is in breach of this no pet prohibition herein, Guest forfeits the right of the return of any unused Rental Fees. Guest violating this policy will also be charged a cleaning fee in the minimum amount of $500 and the Guests credit card shall be charged for all costs incurred by Rental Agent to repair any damage to the Property caused by the pet.
7. ENTRY AND INSPECTION. Rental Agent and Rental Agents employees, contractors and agents shall have the right to enter the Property at any time in case of emergency. Rental Agent and Rental Agents employees, contractors and agents shall further have the right to enter the Property upon twenty-four (24) hour notice (or such shorter time period as may be agreed to by Guest), to make necessary or agreed repairs, decorations, alterations, improvement, supply necessary or agreed services, and/or inspect the condition of the Property.
8. LAWS AND RULES AND REGULATIONS. Guest shall comply with all statutes, ordinances and requirements of all municipal, state and federal laws regarding the Property, including the use, possession, production or sale of illegal drugs. Guest further agrees to adhere to all rules and regulations set forth by the regulatory parties for the condominium complex or homeowners association in which the Property is located, including rules with respect to smoking, noise, odors, disposal of refuse, pets, parking and use of common areas.
9. INDEMNIFICATION AND WAIVER. Guest will indemnify, defend and hold harmless Owner of the Property and Rental Agent from all claims, disputes, litigation, judgments, costs and attorney fees resulting from loss, damage or injury to Guest, Guests or licensees or their personal property arising out of the Guest or the Guests invitees and licenses occupancy or use of the Property. Neither Rental Agent nor the Owner of the Property shall be liable for any damage or injury to Guest, or any other person, or to any property, occurring on the Property, unless such damage is the legal result of the negligence or willful misconduct of the Rental Agent or the Owner of the Property. Guest agrees to hold Rental Agent and the Owner of the Property harmless from any claims for damages, except for injury or damage caused by the negligence or willful misconduct of Rental Agent or the Owner of the Property. Guest agrees to waive and release the Owner of the Property and Rental Agent (Released Parties) from any and all liability for costs, expenses or damages due to loss of property or for personal injuries or death (Claims) which may occur to Guest and/or Guests and licensees while on or about the Property, except for injury or damage caused by the negligence or willful misconduct of the Released Parties. Guest hereby assumes the risk of a Claim while using the Property. The waiver and release is intended to be a full and complete waiver and release of the Released Parties from any and all present or future Claims (known or unknown), except for injury or damage caused by the negligence or willful misconduct of the Released Parties.
10. CREDIT CARD AUTHORIZATION. Guest hereby authorizes Rental Agent to charge all deposits, fees, costs and charges arising under this Agreement to the Guests credit card provided to Rental Agent. The reversal of any charges to Guests credit card arising under this Agreement shall constitute a breach of this Agreement by Guest. In the case of any reversal of charge by Guest, this provision shall serve as express permission to Rental Agent to recharge the Guests credit card for payment or to collect such fees, costs and charges by any other legal means.
11. CANCELLATION. Guest may cancel within 60 days of check-in free of charge and receive 25% deposit back. Deposit becomes nonrefundable within 60 days of check-in.
12. LOST ITEMS OR LEFT ITEMS: Management assumes no responsibility for lost, stolen or abandoned items. Reasonable effort will be made to contact the Guest for return. There will be a $25.00 handling charge plus shipping costs for any found items returned at Guest’s request. Management shall not be held liable for condition of said items. Any items not claimed for longer than 30 days, may be donated or sold.
13. POOL AND SPA: If so equipped, pool/SPA heating can be purchased at an additional fee and must be paid for prior to use. Guest agrees not to tamper with pool heat controls or manipulate heater in any way. Pool heat shall not exceed 86 degrees. Guest understands and agrees to be responsible and liable for any damages that occur to the pool and spa and its support equipment through Guest misuse and/or negligence.