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Terms and Conditions – Rental Agreement

At the Hilton Head Resort

Rental Agreement and Contract

Please note that you will receive the following information at these intervals:

1. Vehicle/Adult Information email – you will receive immediately after you book your reservation, we need this info back to get your security pass.

2. New Reservation email and some welcome info – you will receive immediately after you book your reservation.

3. Your advance welcome package will send 10 days or less from check-in date if your balance is zero(this includes the door code).

4. Guest/Gate security pass – will send 5 days or less from check-in if your balance is zero.

5. Terms and conditions – Will receive 30 days before your reservation begins

6. Guest Check-out procedures – will send 2 days prior to check-out.

Hilton Head Resort – Unforgettable Paradise 

This Rental Agreement and Contract (the Agreement) is a legally binding agreement made and entered into as of the Reservation Date written below by and between the undersigned person(s) or company (the Guest) and the undersigned owner, manager or agent (Rental Agent), pursuant to which the Guest has agreed to rent the residence described below (the Property), for the duration of the Rental Term for the Total Rental Fee and other good and valuable consideration as described herein.

OCCUPANCY

Guest agrees that no more than 6(six) persons shall be permitted on the Property at any time during the Rental Term all of whom shall comply with the conditions and restrictions imposed upon Guest under this Agreement. No stays longer than 21 days is permitted. At least one guest 25 years or older must be staying with guests under 25 years old.

VEHICLE(S)

Up to two vehicles are allowed. Make, Model, Color, Tag and State information on each vehicle must be provided prior to arrival or upon arrival at the security gate.

CONDITION AND USE OF PROPERTY

The  Property is provided in as is condition. Rental Agent shall use its best efforts to ensure the operation of all amenities in the Property, such as internet access, satellite or cable TV access or hot tubs, fireplaces as applicable.  Rental Agent shall not be held responsible for such items 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 hot tubs, pools, spas, fireplaces, 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 the Guests own risk. Guests understand that they have rented our villa, not the pool or any other community amenity.  Unforgettable Paradise has no control over the timing of renovations or repairs of the association or things that may break or stop working unexpectedly. Therefore no refunds partial or full, compensation or discounts will be provided for a non working or unavailable community amenity.

This is a non-smoking villa. If smoke or pets are detected by the housekeeping staff during her inspection after your departure your deposit will not be returned. Sorry no pets are permitted at this resort.

Guest shall use the Property for residential purposes only and in a careful manner to prevent any damage or loss to the Property and keep the 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 the Property for any immoral, offensive or unlawful purposes, nor violate any law, association rules or ordinance, nor commit waste or nuisance on or about the Property.

DEFAULT

If Guest should fail to comply with the conditions and obligations of this Agreement, Guest shall surrender the Property, remove all Guests property and belongings and leave the 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 the Property or permit the use of any portion of the Property by other persons who are not family members or guests of the 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 the 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 Rental Agent shall not be responsible or liable for any reason whatsoever.

Guest hereby covenants and agrees to indemnify and hold harmless Rental Agent 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, attorneys 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 the Property and Guest expressly agrees to save and hold Rental Agent harmless in all such cases.

RELEASE

Guest hereby waives and releases any claims against Rental Agent, the 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 the Property, including any common facilities, activities or amenities.  Guest agrees to use any such facilities or amenities entirely at the Guests own initiative, risk and responsibility.

ENTRY AND INSPECTION

Rental Agent reserves the right to enter the Property at reasonable times and with reasonable advance notice for the purposes of inspecting the Property or showing the Property to prospective purchasers, renters or other authorized persons.  If Rental Agent has a reasonable belief that there is imminent danger to any person or property, Rental Agent may enter the Property without advance notice.

UNAVAILABILITY OF PROPERTY

In the event the Property is not available for use during the Rental Term due to reasons, events or circumstances beyond the control of Rental Agent, Rental Agent will apply due diligence and good faith efforts to locate a replacement property that equals or exceeds the Property with respect to occupancy capacity, location and value that meets the reasonable satisfaction of the Guest.  If such replacement property cannot be found and made available, Rental Agent shall immediately return all payments made by the Guest, whereupon this Agreement shall be terminated and Guest and Rental Agent shall have no further obligations or liabilities in any manner pertaining to this Agreement.

ADDITIONAL TERMS TO THE RENTAL AGREEMENT

In addition to the standard terms included herein, Guest acknowledges and agrees that the following additional terms and conditions apply to the Guests rental of the Property:

GENERAL PROVISIONS

This Agreement contains the entire agreement between the parties with regard to the rental of the Property, and any changes, amendments or modifications hereof shall be void unless the same are in writing and signed by both the Guest and the Rental Agent.  This Agreement shall be governed by the laws of the State of South Carolina.  The words Rental Agent 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.  This Agreement may be signed in one or more counterparts, each of which is an original, but taken together constitute one in the same instrument.  Execution of a digital signature shall be deemed a valid signature.

**DEPOSITS

A Security Deposit of $250 is assumed at the time of booking for possible damages, this deposit may or may not be applied at booking or arrival. If damage is found after guest departs, owner has the right to charge the guests’ credit card for the amount of the damage. If no damage is found and a deposit was taken at booking or arrival the money will be returned to the guest within 3-5 business days, plus the time to process the payment which could be an additional 5 business days.

**CANCELATION POLICY

Please note as indicated on the site you booked the reservation with, if the reservation is canceled more than 30 days before arrival there will be a fixed amount of USD $50 charged. If canceled less than 30 days, there is 50% of the total amount cancelation fee. If canceled less than 7 days, there is no refund unless we are able to re-book those same dates. Our staff takes time to book and block the reservation across all market listings and alert resort personnel of your pending arrival. If you cancel, we must change all the schedules and notify the resort of the cancelation.

CODE OF CONDUCT

•   Please be respectful of all guests at The Resort. While in any of the building common areas, please refrain from excessive noise, running or reckless conduct.
•   For your safety, please heed all posted signs around our Lagoons, Pools and the Atruim.
•   Children under 12 must be accompanied by an adult.

VILLA MAINTENANCE

•   Hibachis and grills are a fire hazard and not permitted on balconies or porches.
•   Please do not hang towels or clothing on balcony railing.
•   Please bag and dispose of garbage in dumpster as needed – do not allow to accumulate.
•   Pool and Beach toys and chairs may be stored on balcony during your visit; however, anything larger than a knee board should be stored in or on top of your vehicle.
•   Bicycles may be stored in the designated area under each building – please use locks to secure.
•   Please refrain from any activity or behavior that may cause damage to the villa.

USE OF COMMON AREAS

•   NO Glass or visible alcoholic beverage containers in common areas or Pool.
•   No smoking in any of the common areas EXCEPT at the bar located at building 1 Pool. Smoking is not permitted on interior porches of building 3 (Atrium).
•   The common areas, including parking lots, are quiet zones 11:00pm – 6:00am.
•   Please exercise good judgment regarding noise within building walkways at any hour throughout the day. Please refrain from use of boom boxes or radio without headphones.

RESORT ID & PARKING PASS
•   All vehicles should display Parking Passes. If walking or biking off property, please check with front gate on your way out to determine if Pass is needed.