This Agreement applies to all members of the Guest’s party no matter the age or affiliation (‘Group’). Guest acknowledges that Guest is responsible for sharing the renter agreement, and its requirements, with all members of the Guest’s party and anyone else permitted onto the Rental Property by the Guest.
- Quinn Properties, LLC d/b/a Intentionally Designed LakeDays.Rentals on behalf of the property owner (Owner) (collectively referred to as “LDR”) shall provide Vacation Rental Lodging at the selected property (Property) to the GUEST (Guest), for the period and at the rate identified within the RESERVATION ID at the Property. Maximum occupancy for Property is defined in the listing and Rental Agreement.
- Terms of Rental
- Guest agrees to abide by all rules and regulations contained in the listing for the Property, contained in this Agreement, or posted on the Property. Guests obligations include but are not limited to keeping the Property as clean and safe as the conditions of the Property permit and causing no unsafe or unsanitary conditions in the common area and remainder of the Property that Guest uses. Guests agree not to use the Property for any commercial activities (the selling of goods or services from the Property) or purpose that violates any criminal law or governmental regulation. Guest’s breach of any duty contained in this paragraph shall be considered material and shall result in the termination of guest occupancy with no refund of any kind.
- In the event LDR is unable to make Property available, LDR may provide a reasonable substitute as determined by LDR. If LDR cannot provide a reasonable substitute, Guest agrees that LDR’s sole liability as a result of this unavailability is to provide a full refund of all monies paid under this Agreement and Guest expressly acknowledges that in no event shall LDR be held liable for any special or consequential damages which result from this unavailability.
- In the event an element at the Property is unavailable or out of service, Guest is required to notify LDR of such situation. If the unavailability is outside LDR’s control, then Guest shall be notified and shall have no recourse against LDR. If the unavailability or outage is within LDR’s control, Guest shall be notified, and LDR shall exercise commercially reasonable efforts to correct the unavailability or outage during the Guest’s stay and Guest shall have no further recourse against LDR.
- The Guest shall not make any alterations or improvements to the Premises without the Management Companies prior written consent.
- The Property may offer access to recreational and water activities, including but not limited to the dock, canoes, kayaks, pedal boats, paddle boards, bicycles, hot tubs, pools, slides, jumping platforms, boating, jet skis, splash pads and swimming. Guest may only utilize items specifically stated as available in the listing and arrival information – if the item is not stated as available for guest use, it is not to be used by guest. Motorized equipment (boats, jet skis) require a separate rental agreement and payment for use when Properties are stated as having these items available.
- Guest fully understands and acknowledges that outdoor recreational and water activities, including the use of the dock, have inherent risks, dangers, and hazards. Participation in such activities and/or use of equipment may result in injury or illness including, but not limited to bodily injury, disease, strains, fractures, partial and/or total paralysis, death or other ailments that could cause serious disability.
- Owners have not inspected the condition of the equipment or Property and
accept the equipment in as-is condition. Guest is using such equipment and
Property at Guest’s own risk. Guest knows how to properly and safely operate the equipment. Guest will not allow anyone to use the equipment who does not know how to properly and safely operate the equipment. Guest agrees that the equipment will be used in a legal, safe, and proper manner. Guest will not: 1) intentionally cause the equipment to capsize; 2) use the equipment at night; 3) use the equipment if the water is choppy or has high waves; 4) will not take the equipment into areas in which boats pass by at high speeds or where underwater vegetation is plentiful; 5) use the equipment while intoxicated or while consuming alcohol; and 6) will not damage, deface or destroy the equipment. All parties will wear bright clothing and life preservers/jackets when using the equipment. - Upon arriving at the property, Guest agrees to inspect the equipment and
Property prior to use by any party and agree to notify LDR of any known defects in the equipment or Property. If defects are discovered, Guest will notify all parties present at the Property and no party shall use any unsafe or defective equipment. - Guest agrees that participation in these activities is at Guest’s sole risk and
agrees to fully indemnify and hold harmless the LDR and any and all LDRs,
employees, or contractors for any injury or damage caused by these activities, whether caused by the negligence of the LDRs, the negligence of the participants, the negligence of others, accidents, breaches of contract, the forces of nature or other causes foreseeable or unforeseeable. Guest hereby assumes all risks and dangers and all responsibility for any losses and/or damages, whether caused in whole or in part by the negligence or other conduct of the LDRs or by any other person. Guest hereby voluntarily agree to release, waive, discharge, hold harmless, defend and indemnify LDR and any and all LDRs, employees, or contractors from any and all claims, actions or losses for bodily injury, property damage, wrongful death, loss of services or otherwise which may arise out of my use of Property facilities, equipment, or activities. - Guest further assumes full responsibility for the actions of any and all persons whom Guest may allow to enter the property during the rental period and indemnifies LDR from any and all claims arising from such other persons and shall indemnify LDR for any claims brought by persons.
- In no event shall the Rental Property be occupied by more persons than the capacity of the property as stated on the web site or the confirmation letter, without prior approval by LDR. In no event shall Guests assign or sublet the Property in whole or in part No fraternities, school, civic, or other non-family groups are allowed unless Owner grants prior approval. In no event shall Guests assign or sublet the Rental Property in whole or in part. Violations of these rules are grounds for termination of guest occupancy with no refund of any kind. Guests hereby acknowledge and grant specific permission to LDR to enter premises at any time for inspection purposes should LDR reasonably believe that Guests are causing or have violated any rules related to the Property. Guest further agrees to grant LDR access to Property for purposes of maintenance and repair.
- By signing this Agreement, Guest agrees that all responsibilities and covenants contained in this Agreement apply equally to Guest and all family, friends, or other invitees who Guest allows onto the Property. Guest acknowledges that Guest is responsible for sharing this agreement, and its requirements, with all members of the Guest’s party and anyone else permitted onto the property by the Guest.
- Representations, Warranties, and Covenants. Guest represents, warrants, and covenants the following to LDR:
- Guest, Guest’s invitees, and others Guest allows on the Property will treat the Property, including all equipment, supplies, and contents thereof, with respect and not destroy or damage in any way any part of the Property or its equipment, supplies, or contents.
- Guest will be responsible for Guest’s own actions, as well as the actions, safety, and well-being of all other guests and invitees that may be present at the Property during the term of Guest’s stay.
- Guest will notify LDR immediately upon discovery of any dangerous or defective
condition at the Property. - LDR is not responsible for my/our personal property and will not compensate me/us for damage to, or theft or loss of, my/our personal property during my/our stay.
- The Guest shall not make any alterations or improvements to the Premises without the
Management Companies prior written consent. - The Guest assumes all responsibility for the access and use of any and all sites during their tenancy. They render LDR all responsibility should there be illegal or wrongdoings or misuse of the provided Internet service. All penalties, fines, and costs related to the misuse or misrepresentation while using the Internet service and site(s) are the responsibility of the Tenant.
- Fees, Payment, and Cancellation
- The full amount of the rental fee, and other fees, shall be due 30 days in advance of
occupancy. If the Guest fails to pay all fees at least 30 days in advance of occupancy, then
LDR may cancel Guest’s booking and terminate this agreement with Guest forfeiting all
payments made prior to the termination. Any NSF checks returned will result in a $50.00
charge. - Cancellation: Guest may cancel this Agreement with the following consideration: IF
BOOKING IS THROUGH AIRBNB, VRBO OR OTHER ONLINE PLATFORM, THE
CANCELLATION POLICY IS AS STATED WITHIN THE PLATFORM FOR THIS
BOOKING. If DIRECT BOOKING on www.lakedays.rentals or www.casago.com – The
cancellation policy is stated within the property listing. - Cancellation policies are strict. Travel insurance options are recommended. Card Processing Fee of 5% is withheld from ALL cancellation refunds.
- 1-3 Bedroom Condos and Homes Full Refund at 30 days
- 4 Bedroom Condos and Homes Full Refund at 60 days 50% refund at 30 days
- 5+ Bedroom Condos and Homes Full Refund at 90 days 50% refund at 60 days
- Due to the nature of our business, most reservations are made well in advance of the
arrival date. LDR strongly encourages guest(s) to purchase Travelers Insurance to help
minimize any losses you may suffer from cancellations that occur after the reservation
becomes firm/non-refundable.
- The full amount of the rental fee, and other fees, shall be due 30 days in advance of
- Damages
- Guest shall be liable for any damage to the Property or any surrounding property therein during their stay. Guest accepts full financial responsibility for any and all damages caused by all members of the Guest’s party and anyone else Guest permits onto the Property. In the event anyone smokes in a non-smoking unit or has a pet in a no-pet unit, Guest agrees to pay all cleaning and fumigation fees up to $200, and is subjected to termination of guest occupancy. Guest must abide by and honor all building rules of Property rented. LDR will not be responsible for illegally parked cars, oversize vehicle, boat trailer, other trailers, or motorcycle parking problems.
- Guest shall be liable for any accident or injury, including wrongful death occurring to any
person while on the Property or surrounding property during occupancy. Guest agrees to
indemnify LDR from and against liability for injury to Guest or any other person
occupying or visiting the Property resulting from any cause whatsoever including, but not
limited to, injury sustained as a result of use of the phone, spa, hot tub, sauna, whirlpool
tub, pool, exercise equipment, elevator, or any other part of the Property, including those
listed in paragraph 2(d) above. - The Damage Waiver covers accidental damages caused by Guest up to $1500. Should
the costs of accidental damages be greater than the damage waiver, LDR reserves the
right to recover its costs, interest for such accidental damage by charging Guest’s
payment source listed under this Agreement. If LDR determines the damages are
intentional, neglectful, the result of reckless behavior, or a violation of Property rules,
LDR shall charge Guest for the entire cost of such damages, including materials and
labor by charging the Guest’s payment source listed under this Agreement.
- NO WARRANTY: GUEST ACCEPTS THE PROPERTY AS IS WHERE IS AND UNDERSTANDS AND AGREES THAT THERE ARE NO FURTHER, OTHER OR ADDITIONAL WARRANTIES, EXPRESS OR IMPLIED, OR MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR OTHERWISE, HEREUNDER OR AS A RESULT HEREOF, THAT EXTEND BEYOND THE DESCRIPTION ON THE FACE HEREOF AND ARE NOT EXPRESSLY STATED HEREIN.
- Enforcement of Agreement. If, for any reason, LDR must take action against Guest to enforce this Agreement, Guest shall pay all of LDR’s costs, including attorney’s fees incurred in such enforcement.
Additional Terms & Conditions
- A payment of 50% is taken at the time of the booking. Any remaining balance must be paid 30 days prior to the arrival date, or this Agreement may be canceled by the sole option of LDR. An automatic credit card payment for the remaining balance will be scheduled by LDR to be made 30 days prior to the arrival date. The credit card of the first payment is used if a credit card is provided. If the automatic payment fails for any reason, it is the responsibility of the Guest to make sure that the remaining balance is promptly paid in full, or the reservation will be canceled with no refund of payments made. All policies contained in this Agreement shall apply equally to payments made by credit card, check, or cash and whether made via website, by phone, or in person. Any refunds due to Guests from a credit card payment will be refunded by credit card transaction; all other refunds will be made within 30 days by check.
- A security deposit is required (“Security Deposit”) and will be automatically reserved for the booking. The automatic reserve is conducted by putting a hold or charge on the Guest’s credit card for the amount of exactly day(s) prior to the arrival date. The credit card of the last successful payment will be used. If there are no successful credit card payments, it is the responsibility of the Guest to send by check to the LDR to satisfy the Security Deposit requirement. If, at the end of the rental period, the rental property is returned undamaged beyond normal wear and tear, the Security Deposit will be released in full within five (5) business days. In the event of any damages, LDR will provide Guest with a full accounting of expenses incurred and deductions made from the Security Deposit. Should the damages exceed the amount of the Security Deposit, Guest agrees to pay the balance within five (5) business days after receiving notification. Deductions from Security Deposit may include, but are not limited to: excess cleaning fee, hot tub draining and refilling fee, trash removal fee, missing item replacement costs, damaged item replacement or repair costs, repair costs of buildings or grounds, or other service call fees. LDR is under no obligation to use the least expensive means of restoration.
- Regular payments and security deposits for the booking will be displayed as LAKEDAYS.RENTALS on the Guest’s credit card statement.
- Guests must obtain permission from the LDR to have pets on the Rental Property. If permission is not given by the LDR, any pet(s) found in or about the Property will be grounds for expedited eviction and forfeiture of all monies paid.
- Guests must inform LDR of their intention to bring children and the specific number. A child is defined as any person under the age of 18.
- No refunds will be provided due to inoperable appliances, pools, hot tubs, elevators, etc. LDR will make every reasonable effort to ensure that such appliances will be and remain in good working order. No refunds will be given due to power blackouts, water shortage, flooding, snow, construction at adjacent properties, or mandatory evacuations of the area by county officials due to hurricanes or other potentially dangerous situations arising from acts of god or nature.
- Guest is responsible for all shipping costs for any Lost and Found items that LDR is requested to return to Guest. Items found and not claimed within 30 days will be disposed of at the discretion of LDR.
- If a hot tub or pool is provided at the Rental Property, it will be prepared and tested for proper and safe chemicals prior to or on the day of occupancy. Misuse of a hot tub or pool by the spilling of foreign substances into the pool, i.e. soap, shampoo, oils, glass, or metal will result in a Service Call Charge at the sole discretion of LDR. Under no circumstances are pets allowed in pools or hot tubs. Violation of this provision shall be grounds for expedited eviction and forfeiture of all monies paid.
- Linens and towels are provided from LDR and supplied with Property. Guest is responsible for lost or damaged items at the cost of two (2) times the standard retail price for such damaged or lost linens or towels.
- LDR may terminate this Agreement upon the breach of any of the terms hereof by Guest. Guest shall not be entitled to the return of any rental monies paid under the terms of this Agreement and shall vacate the Property immediately.
- Agreement shall be enforced under the laws of the state within which the Rental Property is located, including any applicable rental acts of that state, and represents the entire Agreement. Any amendments must be in writing and signed by both parties. In the event of a dispute, legal action may only be instituted in the county within which the Property is located. If any part of this Agreement shall be deemed unenforceable by law, that part shall be omitted from this Agreement without affecting the remaining Agreement.
NOW, THEREFORE, in consideration of the mutual agreements and covenants herein contained, Guest has read and agreed to the following:
I understand the rules and rental conditions upon which I am agreeing to rent accommodations, equipment, and use of the property. I acknowledge and accept that the sole responsibility for safety lies with the participant. In agreeing to this, I acknowledge that outdoor activities and exposure to the natural elements and animals can be dangerous and sometimes result in injury and even death. Steps and decks can be slippery, animals and insects can threaten and infect or injure, exposure to the elements can cause hypothermia, and sunburn, among other risks inherent in participating in camping, outdoor and water activities. I know that alcohol and/or drugs do not mix safely with any outdoor activity.
I am over the age of 25 and assume responsibility for all in the Group, and the Group is visiting the property and using the equipment and is engaging in activities or events at the Group’s risk. I hereby assume all legal responsibility for bodily injury to me or to any person on the property as a result of my visit and use, operation or possession of equipment hired or loaned to me. Acknowledging this, I accept complete responsibility for the Group, and the Group is visiting the property and using the equipment and is engaging in activities or events at the Group’s risk.
I will abide by the rules and accept these rental conditions:
- The property I rent will be returned in the same condition in which it was rented and I will be responsible for all damage and/or loss that occurs during my rental period.
- I agree to hold harmless and to indemnify the Owner of the Rental Property against all loss, damage, expense and penalty on account of personal injury or property damage to the rental dwellers, the undersigned or to any minor child or children in the charge of the undersigned, howsoever rising, whether by act or acts or failure to act of the employees, owners or animals of the said company or property owners or not.
- I acknowledge receipt of the property in good order and condition (if found otherwise per my arrival I will contact Owner immediately) and further agree that the Owner of the Rental Property shall not be liable for consequential damages of any kind or nature from whatever cause arising, whether property or equipment is loaned or rented.
- I enter into agreement freely with the Owner of the Rental Property at my own risk, acknowledging the risks inherent in indoor and outdoor activities and assume any and all responsibility for the minor children and myself in my charge.
- All parties agree to and will comply with Federal, State and County pollution laws and any other applicable laws and regulations.
SMS Terms of Service
SMS TERMS OF SERVICE
Your use of the Quinn Property LLC DBA Intentionally Designed Lake Days Rentals (“Quinn Property LLC DBA Intentionally Designed Lake Days Rentals”, “we”, or “us”) services to receive short message services and/or multi-media services (“Messages”) for marketing and non-marketing purposes from us through the Constant Contact, Inc. platform (the “SMS Services”) is subject to these SMS Terms of Service (these “SMS Terms”). The SMS Services and our collection and use of your personal information is also subject to our SMS Privacy Policy. By enrolling to use, using or accessing the SMS Services, you accept and agree to these SMS Terms and our SMS Privacy Policy.
* SMS Services Description: We may send marketing and non-marketing Messages, through the SMS Services which may include transactional Messages. Marketing Messages advertise and promote our products and services and may include promotions, specials, other marketing offers, abandoned checkout reminders and other relevant information. Transactional Messages relate to an existing or ongoing transaction and may include updates and other transaction-related information. Messages may be sent using an automated technology, including an autodialer, automated system, or automatic telephone dialing system. Message frequency will vary. You agree that we and our third-party service providers may send you Messages regarding the foregoing topics and that such Messages and/or calls may be made or placed using different telephone numbers or short codes. We do not charge for Messages sent through the SMS Services but you are responsible for any Message and data rates imposed by your mobile provider, as standard data and Message rates may apply for short Message alerts. We do not share text message opt-in consents or related mobile telephone numbers with third parties, except with our service providers and vendors to provide our SMS Services.
* Eligibility: To receive SMS Services, you must be a resident of the United States and 18 years of age or older.
* User Opt-In: By providing your mobile phone number to us, you are voluntarily opting in to the SMS Services and you agree to receive recurring Messages from us at the mobile phone number associated with your opt-in, even if such number is registered on any state or federal “Do Not Call” list. You represent that any mobile phone number you provide to us is a valid mobile phone number of which you are the valid account owner or authorized user. If you change your mobile phone number or are no longer the valid account owner or authorized user of the mobile phone number, you are responsible for notifying us immediately at pamela@lakedays.rentals. You agree to indemnify us in full for all claims, expenses, and damages related to or caused in whole or in part by your failure to notify us if you change your mobile phone number including, but not limited to, all claims, expenses, and damages related to or arising under the Telephone Consumer Protection Act. Your use of the SMS Services is not required to make any purchase from us and your use of the SMS Services is completely voluntary.
* User Opt-Out and Support: You may opt-out of the SMS Services at any time. If you wish to opt-out of the SMS Services and stop receiving Messages from us, or you no longer agree to these SMS Terms, reply STOP, QUIT, CANCEL, OPT-OUT, or UNSUBSCRIBE to any Message from us. You may continue to receive Messages for a short period while we process your request and you may receive a one-time opt-out confirmation message. You understand and agree that the foregoing is the only reasonable method of opting out. If you want to use the SMS Services again, just opt-in as you did the first time, or text START to a Message sent by us, and we will start sending Messages to you again. For support, reply HELP to any Message from us.
The SMS Services may not recognize requests that modify the foregoing commands, and you agree that we and our service providers will not be liable for failing to honor requests that do not comply with the requirements in these SMS Terms. We may also change the telephone number or short code we use to operate the SMS Services and we will notify you of any such change. You acknowledge that any requests sent to a telephone number or short code that has been changed may not be received by us and we will not be responsible for failing to honor a request sent to a telephone number or short code that has been changed.
* Disclaimer of Warranty and Liability: The SMS Services are offered on an “as-is” basis and may not be available in all areas, at all times, or on all mobile providers. You agree that neither we nor our service providers will be liable for any failed, delayed, or misdirected delivery of any Message or information sent through the SMS Services. To the fullest extent permissible pursuant to applicable law, we are not responsible and will not be liable for any damages of any nature, including without limitation any incidental, special or consequential damages (such as lost profits or lost business opportunities), punitive damages or attorney’s fees.
* Modifications: We may revise, modify, amend, suspend or cancel all or any part of the SMS Services or any of its features at any time, with or without notice. To the extent permitted by applicable law, we may also modify these SMS Terms at any time. Any such modification will take effect when it is posted to our website or websites associated with the SMS Services. You agree to review these SMS Terms periodically to ensure that you are aware of any modifications. Your continued use of the SMS Services will constitute your acceptance of those modifications or changes.