Beachside Vacations Guest License Agreement
ALL DISPUTES ARISING UNDER THIS GUEST LICENSE AGREEMENT SHALL BE RESOLVED THROUGH BINDING ARBITRATION PURSUANT TO THE SOUTH CAROLINA UNIFORM ARBITRATION ACT, AS MODIFIED HEREIN
This Grant of License and Agreement to terms and conditions contained herein is made and entered into by Beachside Vacations, LLC, authorized representative acting solely as agent for the Property Owner, and the Guest named herein below, who is referred to throughout this License and Agreement as “GUEST.”
Grant of License
This Grant of License is for the use and occupancy of the property described herein below, and no other property, only for the specific dates and times set forth below. This is a license agreement for access and occupancy, subject to the terms and conditions stated herein. THIS IS NOT A LEASE. Guest shall have no rights as a Tenant under the South Carolina Landlord Tenant Act. Occupancy of the premises before or after the specific dates and times authorized herein or otherwise in violation of the terms and conditions of this License and Agreement shall constitute Trespass and shall subject the Guest and all other occupants to immediate removal from the premises.
This Guest License Agreement authorizes the Guest identified herein below the right of access and occupancy of the above described property. All other occupants shall be family members, friends, or other responsible adults over the age of 25, and those under the minimum age of 25 who shall be accompanied by a parent or legal guardian. Below named Guest shall be completely responsible for himself/herself as well as the actions of all family members, guests, and invitees of the Guest present at the property at any time during the occupancy.
Check In and Check Out
This Guest License Agreement authorizes the below named Guest to access and occupancy of the property in strict compliance with the check-in (4-6 PM) and check-out (10 AM) times. Occupancy times shall be strictly enforced. There will be no refund for early departures of any reason, weather related or otherwise. Late check out may result in late fees.
Prior to departure, Guest is required to leave the home in a neat and orderly fashion. Otherwise the Guest will be subject to additional cleaning fees. The Guest agrees that such additional cleaning fees can be charged to the Guest’s credit card that is on file at the Agent’s office. Cleaning requirements include:
- Furniture arranged as it was found.
- Remove all garbage from every room and take it to the appropriate outside container.
- Clear the kitchen of trash and food and remove food from the refrigerator.
- Carpets and floors should be free of excess debris and sand.
- Load the dishwasher and start cleaning cycle.
Guest shall remove all personal belongings. Neither Owner nor AGENT shall have any responsibility for lost, misplaced, or abandoned personal property. Guests are responsible for all damages to the premises. Guest shall report all major and minor damages to Agent, otherwise, the damage waiver protection referenced in Paragraph 11 below shall not apply.
A security deposit of 50% of the total price is due at the time of booking the reservation. Some properties may also require a refundable damage deposit, which if applicable, shall also be charged to Guest and paid at the time of the booking of the registration. The balance in full is due 30 days prior to check-in. We accept MasterCard, VISA, Discover, and American Express as forms of credit card payment. Other forms of payment include checks and money orders payable to the AGENT. If there is a payment via check or money order, the balance is due at least thirty (30) days prior to check-in. No personal checks are accepted within 30 days of your arrival date. Signed Guest License Agreement and Payment are required to confirm reservation. Should the AGENT not receive the final balance by this due date, the Guest authorizes the AGENT to charge the balance due on the reservation to the Guest’s credit card on file. Reservations made less than thirty days prior to the arrival date must be paid in full at the time of booking. If a personal check is returned as NSF (not sufficient funds), then the Guest shall reimburse the Agent for the returned check charge, and the license agreement shall be cancelled unless the Guest pays for all charges via credit cards or money order.
Guest agrees to pay the daily, weekly, or other applicable rate as stated on the signature page below. Errors in pricing and descriptions can occur and the Guest will be notified of any error. If in the opinion of the AGENT, the error substantially changes the terms of this Agreement, the Guest may cancel the reservation within five business days after receiving such notification and the Guest will receive a full refund. The Agent reserves the right to make corrections, additions, deletions, and changes in the rates and descriptions at any time without notice.
Guest acknowledges that security and damage deposits delivered to Agent may be co-mingled with the deposits of other guests of other clients of Agent. Guest acknowledges that no interest shall be paid to Guest upon security or repair deposits paid by Guest in conjunction with this Guest License Agreement. Guest acknowledges that, subject to the rules, regulations and requirements of the South Carolina Real Estate Commission, the Agent may retain ownership of interest paid by its bank upon deposits.
Taxes and Fees
Taxes and fees are not included in quoted rates. Final tax rates are calculated according to South Carolina and local taxes in force at time of occupancy. Guest is responsible for payment of all applicable taxes in effect at time of occupancy.
The Guest understands and agrees that no house parties, youth groups, fraternities, weddings, receptions, meetings or parties are allowed. AGENT does not and cannot grant Guest License Agreements to students or groups of students under any circumstances. If such a group occupies or attempts to occupy the property, then students or group of students will be required to immediately vacate and there will be no refunds. All Guest must be over the age of 25 or be accompanied by parent or other responsible adult over age of 25. Wedding Events, commercial photography or filming is prohibited at the Property without AGENT’s express permission. No tents or other structures may be erected on the Property without AGENT’s express permission.
Amenities and Additional Charges
All vacation homes offered by AGENT include an equipped kitchen including dishwasher, washer, dryer, iron and board and, starter set of supplies (paper towels, toilet paper, dish soap, bath soap, shampoo, clothes soap), air conditioning and heating. Licenses include linens and departure cleaning. Some vacation homes are equipped with barbeque grills and or fire pits. The AGENT does not provide propane, charcoal, fluid or wood. The Agent and owner of the Property are not liable to the Guest, family members, friends, invitees for injury arising out of the use of barbeque grills or fire pits.
Access and Emergencies
The Guest agrees that the AGENT and/or contractors or employees may enter the premises when the AGENT deems it necessary for inspection, repair, and emergency. The AGENT will make reasonable efforts to notify the Guest in advance of the need to enter the Property.
Damages and Repairs
Guest(s) shall be responsible for all costs, including labor and materials, to repair any damages to the property occurring during Guest occupancy, excluding only storm damage and acts of God. As a Guest of AGENT , your Guest License fee includes a damage waiver benefit, to fulfill Guest obligation to repair minor damages such as broken dishes, broken small appliances, carpet stains, furniture stains, and similar miscellaneous minor property damage. This damage waiver benefit is available only for those minor damages which have been identified and reported by the Guest to AGENT , in writing, by email, or written document prior to check-out. ( a Text is not sufficient written notice) Damages which are unreported by the Guest are not covered by damage waiver benefit. Damage waiver benefit fee shall be non-refundable in all circumstances. Maximum damage waiver benefit per license term shall be the sum of $2000. Guest shall indemnify Owner for any damages caused by Guest as well as for any missing accessories, damaged furniture or personal property, missing towels and linens, and related matters. Agent is authorized to charge Guests credit card on file for unreported damages and/or damages in excess of $2000. Additional cleaning fees shall apply following repair/clean-up of Guest damages.
Limitation of Liability
Guest agrees that he/she/they, and their family and invitees shall occupy the premises pursuant to this license agreement at the sole risk of the Guest. Neither the Property Owner nor Beachside Vacations, LLC, nor their respective agents, affiliates, officers, directors, employees, contractors or subcontractors shall be liable to Guest for any reason whatsoever arising out of this occupancy agreement, including but not limited to personal injury, bodily injury, physical or emotional distress, property damage, indirect, incidental, consequential, special, or exemplary damages. This waiver of all claims and agreement to a complete and strict bar to liability on the part of the Property Owner and Agent shall apply to all claims for damages, in law or in equity, whether based on warranty, contract, tort, ordinary negligence, gross negligence, strict liability, or otherwise, under all circumstances. Guest shall indemnify and hold harmless Property Owner and Agent, and all others identified above from any and all claims for personal injury, bodily injury, physical or emotional distress, property damage, indirect, incidental, consequential, special, or exemplary damages arising from Guest’s occupancy of premises.
Guest agrees to pay all costs incurred by Property Owner or Agent including attorney fees incurred by either in the enforcement of its rights under this Agreement. If, despite the strict applicability of the limitation of liability contained in paragraph 12 above, either the Guest, or any of his/her/their family members or guests or invitees bring a claim, or file a lawsuit against the Property Owner, Agent, or any of their respective officers, directors, employees, or others, pertaining to the use and occupancy of the described premises during this license agreement, all such claims shall be resolved through binding arbitration as described herein.
ARBITRATION and CLAIMS RESOLUTION
Jurisdiction: All parties to this agreement agree that the exclusive jurisdiction for the resolution of all disputes arising in any manner concerning this agreement or any addendum to or extension of same shall be in the State of South Carolina, County of Charleston.
All disputes of every kind and description shall be decided by binding Arbitration in accordance with the procedures set forth herein. Any arbitration between the parties shall be conducted in Charleston County, South Carolina. The parties agree that the preferred method of Arbitration shall be by a single Arbitrator, however, in the event the parties cannot agree upon a single arbitrator, each shall appoint an arbitrator who must be a member of the Charleston County Bar Association, having at least ten (10) years of experience in real estate law or general business matters. The two (2) arbitrators so appointed shall agree upon a third arbitrator. In the event that the arbitrators so appointed by the parties cannot agree upon a third arbitrator, the presiding Circuit Court Judge or Clerk of Court of Charleston County shall appoint the third member of the arbitration panel. Claimant shall pay in advance all required deposits and fees required of arbitrators. Thereafter, each party shall bear its own costs incurred in the course of said arbitration. Arbitrator’s final award may include an award of all costs and fees including attorney’s fees at discretion of arbitrator. The decision of the Arbitrator (s) shall be final.
High speed wireless internet is provided as a convenience only. No refund of license fee shall be given for outages, content, lack of content, speed, access problems, and lack of knowledge of use or personal references with regard to Internet service. Use of the Property’s internet service for any criminal activity is prohibited and may result in fines, prosecution, and/or the Guest and Occupants immediate removal from the property. Criminal activity includes but is not limited to unlawful downloads or copyrighted material, including movies, music, software, or other material. Guest agrees that AGENT may share Guest contact information with the internet service provider, or any other party AGENT believes, for any reason, has enforcement rights.
Substitution of Property
On rare occasions, due to ownership changes, properties being removed from licensed use, or a need for extensive repairs or maintenance, the Property may not be available for license on the dates of your reservation. In this unlikely event, AGENT reserves the right to substitute a comparable property. If comparable accommodations are not available, then this agreement shall be cancelled by AGENT, and AGENT shall refund all payments made by Guest under this Agreement.
OWNER or AGENT may assign this Agreement of any of its rights, or delegate any of its duties under this Agreement, at any time. The Agent will notify the Guest of such assignment of this Agreement. This grant of License is a personal grant to the Guest and may not be assigned by Guest under any circumstances.
The AGENT is not responsible for air conditioning or any other appliance that fails to operate properly or for other maintenance issues including, but not limited to, pest control and housekeeping and no refunds will be given. The Guest agrees to notify the AGENT as soon as a maintenance problem occurs, and Agent will undertake best effort to repair or replace the maintenance problem(s). After hours emergency maintenance support is limited for items such as complete loss of power, loss of air conditioning throughout entire house, severe water leaks or fire.
Smoking is NOT permitted inside any vacation property at any time. If smoke is detected inside the property, applicable cleaning fees will be charged to the Guest’s credit card on file.
NO PETS ARE ALLOWED unless the property description specifically allows pets. If pets are found in a property that does NOT allow pets, then Guest and occupants will be required to vacate the property, and no refunds will be given. If a property specifically permits pets, an additional pet fee will be required at the time of reserving the Property. Any and all pets must be disclosed to AGENT prior to arrival if occupying a pet friendly property.
Motor Homes, Trailers, Boats, Motorcycles
Motor homes, trailers, boats and motorcycles are NOT allowed in Wild Dunes Resort or at any condominium property. City ordinances do not permit any motor homes or buses to be parked at a licensed short-term vacation property.
Guest is advised and cautioned that the Isle of Palms and Sullivan’s Island have strict ordinances governing excessive noise and occupancy limits. Guests agree to comply with all laws and ordinances of State, County and Municipality, including noise ordinances ,which are strictly enforced. Violations may result in the arrest of the Guest, or his invitees and the possible citation of the Owner or Agent for similar violation. If AGENT or Owner shall receive any summons or other citation resulting from any behavior of Guest or his invitees occurring during this License ( whether disputed or not) the Guest shall be responsible for all losses, and attorney fees and costs incurred by AGENT or Owner resulting therefrom, as well as all costs and attorney fees incurred in defending against such citation or charge, including by not limited to any fines imposed . Guest shall be responsible for the behavior of his Guests and Invitees at all times. Occupancy and use of the premises and amenities shall not disturb occupants of neighboring houses. If the Guest or occupants create a private or public disturbance, then the AGENT has the right to terminate this Agreement and require that the Guests and occupants vacate the Property and no refunds will be given. The Isle of Palms and Sullivan’s Island is a growing community and construction may occur. AGENT is not responsible for construction occurring within communities, roads, public spaces or neighboring properties. No refunds will be given for disturbances due to construction. The Guest will restrict occupancy to this stated municipal ordinance limit for the reserved property. Municipal ordinances may impose substantial fines and/or, other penalties for the violations thereof. All properties are limited to registered Guest and to the maximum bedding capacity as stated herein below.
The Guest agrees to indemnify the Owner for any damages caused by its carelessness and negligence including, but not limited to damages/repairs with the elevator at the Property. Service calls and charges made to repair the elevator due to operator error or negligence of the Guest/occupants will be the responsibility of the Guests. The AGENT has full authority from the Owner to collect for service calls and damages from the Guest/occupants of the Property.
Private Swimming Pools, Hot Tubs, and Docks
In cases of accommodations with pools, hot tubs, and/or docks, the Guest and occupants agree to use them at their own risk and to hold the OWNER/AGENT harmless from liability. No refunds will be given if the swimming pool, hot tub, and dock is not available for use due to maintenance.
Beachside Vacations offers a twice weekly trash service from Memorial Day through Labor Day and once weekly trash service after Labor Day. Guest shall NOT ROLL TRASH CARTS to curbside, as the Agent provides this service. The Cities of Sullivan’s Island and Isle of Palms have strict rules and regulations regarding trash roll out times, where fines are incurred to the property. Fines incurred from Guest rolling trash bins to curbside at a property, will be the responsibility of the Guest. The City of Isle of Palms as well as Sullivan’s Island do not offer trash service during the weekend.
We are located in a low-lying area; pest control services are performed regularly. To keep the pest population under control, the Guest agrees to allow pest control operators access to the Property. Please keep in mind, Charleston, also known as the Lowcountry, has a sub-tropical climate and care must be taken with food that is left uncovered to prevent pests.
The AGENT shall not be responsible for any personal belongings of the Guest/occupants that may become lost, stolen, damaged, or left behind. If the items are left unclaimed with Beachside Vacations over 7 days upon the Guest’s departure, then the items will be donated to a local charity.
Wild Dunes Sports Card Access
To access the Wild Dunes Sports complex, which includes a swimming pool, tennis courts, recreation programs and fitness center, Guests must occupy a property which offers a Sports Card. Access may require advance reservations and additional fees may apply.
Guest acknowledges and agrees that all information supplied by Owner or Agent in marketing materials , including but not limited to brochures/website is intended for marketing purposes only. No warranty , express or implied, is extended from Agent or Owner as to specific conditions of the property. Property is to be delivered in substantial compliance with descriptions provided in AS IS condition.
NO REFUNDS will be given for cancellation or interruption of your stay due to inclement weather or any storm or hurricane, whether evacuation is ordered by governing authorities or not. To protect against cancellations, interruptions or mandatory evacuations, the AGENT recommends that the Guest purchases travel insurance. The AGENT has arranged for its Guests to obtain travel insurance through Rental Guardian. Please contact AGENT for details.
This Agreement shall be interpreted and enforced according to the laws of the State of South Carolina. The invalidity or unenforceability of any provisions of this Agreement shall in no way effect any other provisions.
Travel Protection Insurance
Beachside Vacations has partnered with Rental Guardian Travel Insurance to provide Play Travel Protection coverage for our guests. Play Travel Protection provides trip insurance, emergency assistance and travel services, hurricane evacuations and family emergencies such as illness or death in the family. The cost is 7% of your total rent. The fee is due with your first payment for full coverage including pre-existing illness. It is non-refundable. We strongly urge you to consider this insurance when planning your Carolina Coast vacation. No refunds will be made for hurricane evacuations without trip cancellation insurance.
Play Travel Protection from Rental Guardian covers trip cancellation or interruption due to:
- Illness, injury or death to you, your traveling companions, or a family member not in the traveling party;
- Natural disasters like hurricanes or blizzards that cause a mandatory evacuation or cause your rental unit to be inaccessible or uninhabitable;
- Inclement weather causing delay or cancellation of travel;
- Unexpected work related activities like a job transfer, merger or acquisition;
- Road closures;
- Plus many, many additional covered reasons. 30 trip cancellation reasons in all.
Learn more about Travel Insurance.
ALL GUEST CANCELLATIONS MUST BE IN WRITING. To protect the GUEST, the AGENT has a strictly enforced policy for cancellations. Cancellations received at least sixty (60) days prior to check-in date will receive a FULL refund less Travel Insurance payment if purchased. Cancellations made at least thirty (30) days prior to check-in date will receive a 50% refund which will not include Travel Insurance payment if purchased. NO refund will be given if cancelled less than thirty (30) days before check-in, GUEST forfeits all payments made unless travel insurance is purchased and the need to cancel is covered under the policy. Reservations made less than thirty (30) days prior to the arrival date must be paid in full at the time of booking, GUEST can cancel for a full refund within 24 hours of making the reservation. AGENT is not responsible for weather or other Act of God and there will be no refunds for such events. The only way to ensure a refund for such is to purchase travel insurance. If a reservation is cancelled and the Property is rebooked at the same rate, the GUEST may request a refund minus service fee and travel insurance if purchased. This courtesy ensures the property owner receives payment for dates held by GUEST and made unavailable to other potential guests. There are NO Exceptions. A home that is unacceptable to the GUEST is considered a cancellation by the GUEST. There are no refunds for late or early departures. The AGENT may cancel a reservation if, in its sole opinion, it is in the best interest of the OWNER. Agent strongly recommends that Guest purchase travel insurance. Travel Insurance premiums paid ( if applicable) are non-refundable.