Terms and Conditions
BY CHECKING "AGREE TO TERMS", GUEST UNDERSTANDS AND AGREES AS FOLLOWS:
1. Definitions. Surfside Realty Co., Inc. is referred to as “Agent” or as “Surfside Realty” in this Agreement. The term “Owner” in this Agreement refers to the person(s) who own the Premises where the Guest is staying. The term “Premises” refers to the property where the Guest is staying. The term “Guest” refers to the individual who has signed this Agreement with Surfside Realty and who is staying at the Premises.
2. Check-in time is between 4:30 - 6:00PM on Saturday. Check-in begins at 4:30PM. Surfside Realty makes every attempt to ensure the Premises are ready at check-in at 4:30 PM, but it is not guaranteed. All Guests must check-out before 10:00AM on the day of departure. If Guest fails to timely check-out, they agree to pay a fee of $150.00. No late check-outs are allowed.
3. Proper Age for Rental. The rental agreements between Surfside Realty and Owner prohibit Surfside Realty from renting the Premises to chaperoned or un-chaperoned non-family groups unless all members are 25 years of age or older. By signing this Agreement, Guest represents that his/her stay on the Premises will not violate this provision. Should Guest violate this provision, they will be required to vacate the Premises immediately, without refund.
4. Accepted Forms of Payment. Reservations can be paid with cash, traveler’s checks, cashier’s checks, bank issued money orders, personal checks, e-checks, or credit card. E-checks and personal checks are NOT accepted within 14-days of arrival. Reservations paid with a credit card will have a one-time 3% service fee taken at the time of payment. The 3% service fee is calculated off the total amount due. Credit card service fees are nonrefundable.
5. Reservations/Deposit/Need for Credit Card On File. If payment is made by credit card, check, or E-check, the name on the credit card, check, or E-check must match the name on the reservation. In cases where a reservation has an approved additional Primary Guest, the name on the credit card, check, or E-check must match the name on the reservation. If the deposit is paid by credit card, the remaining balance will be automatically charged to the same credit card within thirty (30) days of the reservation start date. To avoid this automatic charge, Guest must notify Agent more than thirty (30) days prior to the reservation start date if they wish to use another form of payment.
If Guest is paying with a check or E-check, a credit card must be placed on file with Agent. When a Guest places a credit card on file with Agent, Guest authorizes Agent to use the credit card to fulfill all of Guest’s obligations with respect to the Premises and under this Agreement. By way of example only, by placing a credit card on file with Agent, Guest authorizes Agent to charge the credit card on file for all damages, incidentals, or any other costs or expenses incurred during the stay. The credit card on file will be subject to all terms and conditions of the reservation.
If a check is returned due to insufficient funds or is otherwise dishonored, Agent shall charge and Guest shall pay a fee of $150.00 to cover processing and administrative costs associated with the returned payment.
6. Deposit & Refund. Guest shall be responsible for paying a deposit for the Premises at the time of booking. The deposit will be applied to the rental charges for Guest’s stay. After Guest pays the deposit, Agent will establish a deadline for Guest to pay the balance of the cost and fees associated with renting the Premises. Guest will be required to timely pay the balance for renting the Premises in accordance with the deadline set by Agent.
a. Consequences if Guest Fails to Meet Payment Deadline After Paying Deposit.
If, after paying the deposit, Guest fails to timely pay the balance for renting the Premises in accordance with the deadline set by Agent, the reservation will be cancelled, and the deposit will not be refunded until and unless the Premises is re-rented by Agent.
If the Premises is re-rented at the same rate that Guest originally agreed to pay for the Premises, Guest shall receive a refund of eighty percent of the deposit. Agent shall be entitled to retain twenty percent of the deposit as compensation for the time and expense associated with cancelling Guest’s reservation and engaging in efforts to re-rent the Premises. By signing this Agreement, Guest agrees that Guest’s deposit shall be applied as set forth in this paragraph.
If the Premises is re-rented by Agent at a lower rate than Guest originally agreed to pay for the Premises, Guest agrees that Guest’s deposit shall be applied as follows: (I) twenty percent of the deposit shall be paid to Agent as compensation for the time and expense associated with cancelling Guest’s reservation and engaging in efforts to re-rent the Premises; and (II) the balance of the deposit shall then be applied to pay the difference between the rate Guest originally agreed to pay for the Premises and the amount the re-renter agreed to pay to rent the Premises. After the deposit is applied as contemplated by Roman Numerals I and II of this Paragraph, Guest shall be entitled to receive any amount of the deposit that is left over, if any. By signing this Agreement, Guest agrees that Guest’s deposit shall be applied as set forth in Roman Numerals I and II of this Paragraph.
b. Consequence if Guest Fails to Timely Cancel or Change Their Reservation
Guest must timely cancel or change a reservation within twenty-four hours after booking in order to be entitled to a full refund of Guest’s deposit. If Guest timely cancels or changes their reservation within twenty-four hours of booking, Guest shall be entitled to either the return of any deposit paid in the case of a timely cancellation or to apply the deposit towards a new property in the case of a timely change in reservation.
If Guest fails to timely cancel or change their reservation, the deposit will not be refunded until and unless the Premises is re-rented by Agent. If the Premises is re-rented at the same rate that Guest originally agreed to pay for the Premises, Guest shall receive a refund of eighty percent of the deposit. Agent shall be entitled to retain twenty percent of the deposit as compensation for the time and expense associated with cancelling Guest’s reservation and engaging in efforts to re-rent the Premises. By signing this Agreement, Guest agrees that Guest’s deposit shall be applied as set forth in this paragraph.
If Guest fails to timely cancel or change their reservation and the Premises is re-rented by Agent at a lower rate than the Guest originally agreed to pay for the Premises, Guest agrees that Guest’s deposit shall be applied as follows: (I) twenty percent of the deposit shall be paid to Agent as compensation for the time and expense associated with cancelling Guest’s reservation and engaging in efforts to re-rent the Premises; and (II) the balance of the deposit shall then be applied to pay the difference between the rate Guest originally agreed to pay for the Premises and the amount the re-renter agreed to pay to rent the Premises. After the deposit is applied as contemplated by Roman Numerals I and II of this paragraph, Guest shall be entitled to receive any amount of the deposit that is left over, if any. By signing this Agreement, Guest agrees that Guest’s deposit shall be applied as set forth in Roman Numerals I and II of this paragraph.
c. No Refunds for Travel Insurance or Credit Card Fees in the Event of Cancellation
In the event of a Guest cancellation, for any reason whatsoever and regardless of the timing of the cancellation, there will be no refunds of any Travel Insurance or credit card fees that have been paid by Guest to Agent. By signing this Agreement, Guest specifically agrees that these charges are non-refundable in the event of a Guest cancellation, regardless of the reason for the cancellation and regardless of the timing of the cancellation.
7. Advance Tentative Reservations. Guest may desire to stay at the same Premises during the same week the following year. If Guest wishes to do so, Guest must timely pay an Advance Tentative Reservation fee to reserve the Premises for the same week the following year. The Advanced Tentative Reservation fee for condos is $50.00. The Advanced Tentative Reservation fee for houses is $100.00. The Advanced Tentative Reservation fee only reserves Guest’s right to the Premises on the reserved dates and DOES NOT apply to the rental rate for the Premises for the following year. Guest must pay the Advance Tentative Reservation fee by Tuesday after check-out. Personal checks are accepted for advance reservations if received thirty days prior to arrival. If Guest fails to timely pay the Advance Tentative Reservation fee, Guest risks losing the ability to rent the Premises the following year. The Advance Tentative Reservation fee is not transferable and will be refunded only if the requested condo or home is not available for occupancy on the reserved dates. Guests who pay an Advanced Tentative Reservation fee will be required to pay a deposit for the Property two weeks after they receive the Deposit Request Agreement via email. The Deposit Request Agreement will be sent when Agent publishes the Premise’s rental rates for the following year.
8. Peace of Mind Protection. Peace of Mind Protection (“Protection”) covers Guest up to $500.00 (condo) or up to $1,000.00 (house) for any accidental damage that occurs to the Premises during Guest’s stay and is nonrefundable. The Protection does not cover any other property. The Protection does not cover any property owned by Guest or brought onto the Premises by Guest or any other person. In order for the Protection to apply, Guest must immediately report any and all accidental damage to Surfside Realty staff within 24 hours of the event causing damage. Upon timely report, Surfside Realty will investigate the claim, and Surfside Realty will then, in its sole and absolute discretion, determine whether the Protection applies to cover the loss. The failure of the Guest to timely report incidents will result in the loss of the Protection. The Protection does NOT cover acts of God, intentional acts, damage caused by unauthorized acts on the Premises, such as, but not limited to, smoking, any damage not timely reported to Surfside Realty within 24 hours, theft without a police report, and/or damages caused by any pet or other animal brought onto the premises.
9. Travel Insurance. Agent offers Travel Insurance to Guest through Red Sky Travel Insurance. When a vacation is interrupted as a result of injury, sickness, death, mandatory evacuations due to weather or certain other perils beyond one’s control, the Travel Insurance offered through Red Sky may cover non-refundable payments and other identified costs made by Guest. All decisions as to whether to provide coverage are made exclusively by Red Sky. Surfside Realty plays no part in making decisions on claims filed by Guest to Red Sky. For questions about coverage, Guest should contact Red Sky. This Agreement should not be construed in any way as a guarantee by Surfside Realty as to what events may or may not be covered by Travel Insurance, as all such decisions are made exclusively by Red Sky. If a Guest declines Travel Insurance, a refund will not be given for any unforeseen event which impacts Guest’s vacation, including, but not limiting to, mandatory evacuations. If the Governor of South Carolina issues a mandatory evacuation order, state law, S.C. Code § 27-50-260, requires the Guest to comply with all evacuation orders.
10. Pet Fee. Guest must pay a pet fee for all pet friendly properties. If the reserved Premises is pet friendly, the fee is automatically added to the reservation. The pet fee is $300 per pet per week. This fee is non-refundable and mandatory whether or not a pet is present. The only pet allowed in pet friendly properties are dogs. A maximum of two dogs are allowed in pet friendly properties. No pets are allowed in any condominiums. Dogs are not allowed on the beach year-round in Surfside Beach or Garden City Beach. Guests should refer to the Chamber of Commerce’s website for additional information regarding dogs on the beach.
a. Service Animals. Guest must declare that Guest is traveling with a service animal at the time of booking. All service animals must be approved by a Surfside Realty Director in advance of Guest’s stay. No service animal can be left alone at the Premises at any time, and all service animals must always be under the handler’s control. If a service animal causes any damage to the Premises, Guest shall be responsible for all such damage.
b. Pet-Free Properties. Certain properties are designated as Pet-Free and do not allow pets. These homes are reserved for guests with severe allergies or medical conditions.
11. Requests for Accommodations. The Premises is a privately owned dwelling with the Owner’s furnishings, and neither Surfside Realty nor the Owner shall be responsible for providing any additional furnishings or equipment not available presently on the Premises. Should Guest require specific accommodations not present on the Premises, Guest agrees to inform Agent in writing specifically of all accommodations needed as soon as possible. All requests for accommodation must be received by Agent at least thirty days prior to the commencement of the stay, to provide Agent with reasonable time to address any such requests.
12. Attorney’s Fees & Costs. Any act contrary to the terms and intent of this Agreement shall constitute a breach of this Agreement and shall give rise to a cause of action for breach of contract. Should Agent prevail in any action whatsoever relating to this Agreement—whether in defense of or to enforce this Agreement—Agent shall have the absolute right to recover reasonable attorney’s fees and costs from Guest.
13. Jurisdiction & Venue. This Agreement was made and entered into in Horry County, South Carolina. Any dispute relating to or arising out of this Agreement or the rights or obligations under it shall be submitted for resolution exclusively in courts in the State of South Carolina. The appropriate federal court to resolve such disputes (if there is federal jurisdiction) shall be the United States District Court for the District of South Carolina Florence Division. The appropriate state court(s) to resolve such disputes shall be either the Horry County Court of Common Pleas in Conway, South Carolina or the appropriate Magistrate Court in Horry County, South Carolina (if there is jurisdiction). By signing this Agreement, the Parties consent to personal jurisdiction in the venues identified in this paragraph.
14. Waiver of Right to Jury Trial. In the event of any legal dispute relating to or arising out of this Agreement or the rights or obligations under it, Guest and Agent each agree to irrevocably and unconditionally waive any right to a jury trial on any issue/claims in dispute, and they hereby agree that any and all disputed issues/claims shall be determined by a single judge without a jury.
15. Applicable Law. This Agreement shall be construed, interpreted, and applied in accordance with the law of the State of South Carolina.
16. Departure Maid Service. With the exception of off-season monthly rentals, Departure Maid Service is included in all rental rates. Before checking-out, Guest agrees to prepare the Premises for cleaning by housekeeping by completing the following tasks: empty all trash cans, empty refrigerator, place any dirty dishes in dishwasher and set to start, remove all rented linens and place in linen bags. Leave bags outside the main entry door. Failure to do so may result in additional charges.
17. Check-in/Check-Out. By singing this Agreement, Guest agrees that Guest shall not attempt to check-in to the Premises until 4:30 PM on the agreed upon check-in date, and Guest also agrees to check-out of the Premises no later than 10:00 AM on the agreed upon check-out date. As set forth in Paragraph 2, Surfside Realty makes every attempt to ensure that the Premises is ready for check-in at 4:30 PM, but it is not guaranteed.
18. Damage. By signing this Agreement, Guest specifically agrees to pay for any and all damage to the Premises that occurs during Guest’s stay. Further, by signing this Agreement, Guest authorizes Agent to charge Guest’s credit card for any and all damage that occurs to the Premises during Guest’s stay. Subparagraphs (a)-(o) of this Paragraph 18 lists some damage that may occur and lists the potential estimated costs of certain repairs and replacements. Please note that subparagraphs (a)-(o) of this Paragraph 18 do not identify all damage that may occur while Guest stays at the Premises. In every circumstance, including those specifically described in subparagraphs (a)-(o) of this Paragraph 18, Guest agrees that Agent shall decide, in Agent’s sole and absolute discretion, whether any such damage occurred and the costs of repairing any such damage. Guest further agrees that Agent’s decision as to whether damage occurred and the cost of repairing such damage shall be final.
a. Smoking. The Premises is smoke free. No smoking is authorized on any portion of the Premises whatsoever. This prohibition prevents any smoking inside the Premises, and it also prohibits smoking on any of the decks, porches, or balconies of the Premises. If smoking occurs on any portion of the Premises, Guest will be responsible for the costs of returning the Premises to the condition it was in before the unauthorized smoking occurred. Such costs may range from $150.00 to $10,000.00.
b. Excessive Cleaning. If Guest leaves the Premises in such a state as to require excessive cleaning, the Guest will be responsible for paying an excessive cleaning charge, which may range from $75.00 to $500.00, depending on the nature of the cleaning required.
c. Interior Damage. If Guest causes interior damage to the Premises, Guest will be responsible for the costs of any such repairs.
d. Moving Furniture. Guest is not authorized to move furniture located inside or outside the Premises. If Guest does so, Guest will be responsible for paying reasonable costs associated with returning the furniture to its prior positions. Such costs range from $75.00 to $200.00.
e. Stolen Items. Guest is not authorized to remove any item from the Premises. If Guest does so, Guest will be responsible for the cost of replacing the item.
f. Any Action Resulting in Delaying Check-in Time For Others. Guest agrees to pay a charge of $150.00 if Guest takes any action that will delay others from timely checking-in, including, but not limited to, the failure of Guest to timely check-out.
g. Pet Friendly Premises. Guest agrees to pay a charge of $150.00 if animal waste is not disposed of properly.
h. Allowing Pets to Enter Non-Pet Friendly Premises. If a Guest brings or allows a pet to enter a non-pet friendly Premises, Guest will be responsible for paying for all costs associated with returning the Premises to the condition it was in before the unauthorized pet was present on the Premises. Guest is required to pay $1,000.00 per animal to return the Premises to the condition it was in prior to the unauthorized pet.
i. Unauthorized charges on cable or DirectTV. Guest will be responsible for the unauthorized charges plus a fee of $25.00 per unauthorized charge.
j. Waste Management. Guest will be charged for trash cans not rolled street side on appropriate pick up days if Premises is located in Garden City or Long Bay Estates.
k. Pool Area/Outdoor Premises. Guest will be charged $200 for leaving personal items, trash, or sidewalk chalk around the pool area or in the outdoor space of the Premises. By way of example only, Guest will be charged $200 per item if Guest leaves any of the following: pool floats, noodles, or charcoal grills.
l. Tampering with Pool Equipment/ Heaters. Guest is not authorized to touch or adjust any pool equipment or settings. While not an exhaustive list, this prohibition prohibits Guest from touching or adjusting pumps, heaters, and motors in any pool on the Premises. Guest will be charged an appropriate amount determined by Agent for any damage to pool equipment or cost of heating the pool if Guest adjusts the pool heater.
m. Failure to follow Trash Disposal Instructions. All household trash must be disposed of in the appropriate bin at the end of the Guest’s stay. Blue recycling bins are for recycling only and recycling may not be bagged. Failure to follow trash disposal instructions will be result in a charge of $100.
n. Keys. Guest assumes responsibility for keys distributed to them during their stay. A lost, missing, or broken key will result in a $15 charge per key. In the event the Guest is locked out of the Premises, a $60 lockout fee will be charged.
o. Linen. Guest has the option of purchasing a linen package from Agent. If Guest does so, Guest acknowledges and agrees that the linens purchased in the linen package are the sole property of Surfside Realty. If Guest wishes to purchase the linen package within 24-hours of check-in, Guest agrees to pay an additional $100 delivery fee, or, if Guest does not wish to pay this fee, Guest may pick-up the linen package from Agent’s office, as long as Guest does so during normal office hours. Guest must remove only the sheets from the beds prior to check-out. Guest must place the sheets and towels in the laundry bags before checking-out and leave the linen bags outside by the main entry door. Guest agrees that Guest is responsible for the care and attention to these linens. If the linens are missing/damaged at departure or not placed in the bags, Guest will be charged for the replacement cost of the linens. If the mattress pads or comforters/shams are missing or damaged at departure, Guest will be charged for replacements. If Guest purchases the linen package, lines will be delivered to the Premises in a bag. If Guest desires to have beds made upon Guest’s arrival, it must be specified to Agent, and Guest shall pay Agent an additional fee for this service. If Guest pays the bed-making fee, Guest understands that Agent will not make-up the top bunk of any bunk beds that may be present on the Premises.
19. Inspection. Agent is authorized to inspect the Premises after the Guest checks-in at any time with or without notice. Guest understands that advance notice may not always be possible prior to an inspection. Guest understands that an authorized person sent by Agent may enter the Premises with or without notice for purposes of inspection, and Guest agrees to allow any such inspection to occur.
20. Effect of Staying on Premises for Entire Booked Stay. If Guest stays at the Premises for the full length of the booked stay, there will be no refund of any kind, in whole or in part, for any reason whatsoever. By staying at the Premises for the full length of the booked stay, Guest waives any right Guest may have to seek a refund of any kind.
21. Disorderly Conduct. Agent shall determine, in Agent’s sole and absolute discretion, whether Guest or others on the Premises have engaged in disorderly conduct. If Agent determines that Guest or others on the Premises are or have engaged in any type of disorderly conduct, Agent may immediately evict the Guest from the Premises, and in the event Agent elects to do so, Guest shall not receive any refund of any kind.
22. Monthly Guests. Paragraph 22 and its subparts apply only to monthly Guests. A monthly Guest is defined as a Guest staying at the Premises for 28 consecutive days or more. A monthly Guest is responsible for paying any electrical bill that exceeds $75.00 (condo) or $100.00 (house).
a. Monthly Guest is subject to be moved to a different property at any time during their stay.
b. Security deposits paid by a monthly Guest are held for up to 30 days after departure.
c. Monthly Guest agrees that his/her mail cannot be delivered to Surfside Realty’s office. Monthly Guest should request a mailbox at Surfside Beach Post Office (800) 275-8777 420 US 17 Bus Surfside, SC 29575
d. Monthly Guest agrees that security deposits or any other monies applied to Monthly Guest’s reservation will not be returned if stay is ended early.
e. Monthly Guest will be required to make scheduled payments to Agent. Monthly Guest shall provide Agent with a credit card, which Agent shall keep on file, for all such scheduled payments. By executing this Agreement, Monthly Guest agrees and authorizes Agent to charge Monthly Guest’s credit card on file for all scheduled payments. A 3% service fee will apply to all credit card payments.
f. Monthly Guest understands that the Premises may be for sale and as long as appropriate notice is given, Monthly Guest must vacate the Premises to allow for a showing.
23. Not Responsible for Personal Items. Agent will not be responsible for personal items Guests may leave outside or inside the Premises. However, Agent will make reasonable efforts to locate left items of importance and return to Guest at the Guest’s expense.
24. Maximum Occupancy. Guest will have no more in their party to use and occupy the Premises than the maximum guests as stated in this Agreement. Guest understands that the Premises is not to be used as a venue to host events.
25. Guest’s Duty to Notify. Guest has an affirmative duty to notify Agent IMMEDIATELY IN WRITING if Guest has any problems with the condition of the Premises. Any maintenance or cleaning issues should be reported on the first day of arrival. Cleaning and maintenance issues can be reported to [email protected]. Cleaning issues must have documented pictures to support the claim. NO REFUNDS are considered unless Agent is given an opportunity to correct the issue.
26. Private Closets & Storerooms. One or more closets and/or storerooms at the Premises may be locked for Owner’s private storage and is not included in this rental.
27. Rules Regarding Thermostats, Elevators, Wifi, Refrigerators, or Other Appliances. Guest is responsible for following the rules posted regarding thermostats, elevators, Wifi, refrigerators, or any other appliances. If Guest does not follow the posted rules, Guest could be charged up to $1,000. Agent shall determine, in Agent’s sole and absolute discretion, whether Guest failed to follow any such posted rules, and whether a fine should be assessed. Agent’s decision on these matters shall be final.
28. Beach Re-nourishment. During Guest’s stay, the Navy Corps. of Engineers, or its designee, or any other private company may perform beach re-nourishment work on the beach, and Guest is not subject to a refund if such beach re-nourishments efforts are taking place.
29. Elevators. Surfside Realty is not responsible for any liability or functionality of elevators that may be located on the Premises. If, for whatever reason, elevators are not working or functioning during Guest’s stay, Guest shall not receive any type of refund. Guest assumes the risks that the elevators may not be operational or functional during Guest’s stay. Likewise, to the extent Guest or anyone else on the Premises uses the elevators, such persons assume any and all risk of any injury or damage that may occur as a result.
30. Landline Telephones. Guest acknowledges that the Premises may not have a landline telephone. Guest shall not make any long-distance calls or any other paid calls (such as calling a 1-900 number) on any landline on the Premises. To the extent any long-distance calls or any other type of paid calls are made during Guest’s stay, Guest will be responsible for any and all charges.
31. Construction/Repairs. Guest shall not be entitled to any refund, credit, or compensation for any construction or repair work that may be taking place around the Premises during Guest’s stay. As a by-product of such construction or repair work, Guest may encounter loud noises, limited parking, visual obstructions, and inconvenience. Agent shall not be liable for any construction or repair work or any by-product from any construction or repair work that Guest may encounter during his/her stay.
32. Pictures of Premises on Agent’s Website. Pictures on Agent’s website are taken with a wide angles lens and items may appear larger than they really are.
33. Bed/Bedroom Specifications. Bed and bedroom specifications are subject to change without notice.
34. Community Pool. If a Guest is staying at a condo complex, the condo complex may have a community pool. Guest agrees to be bound by and to follow any rules governing the community pool. Such rules may or may not be posted at the community pool. Only those staying at the condo complex are permitted to use the community pool and to be present at the community pool area. Guest understands they must act with decorum and civility when at the pool. Any behavior or activities that are outside of what is expected will result in immediate eviction. Pools can close or open at any time. Outdoor community pools are only open seasonally.
35. Pool and Hot Tubs.
a. Functionality. Agent does not guarantee the functionality of swimming pools, hot tubs, or pool equipment, such as pool heating systems. If, for whatever reason, pools, hot tubs, or pool equipment are not working or functioning during Guest’s stay, Guest shall not receive any type of refund. Guest assumes the risks that the pool, hot tub, or pool equipment may not be operational or functional during Guest’s stay. Should any issue arise during Guest’s stay with the performance of any of these items, Guest agrees to immediately report any and all such issues to Agent. Upon receiving a report of any such problems, Agent will work to correct any problems as soon as possible. Weather permitting; pools are cleaned up to twice per week during Guest’s stay. Rules may differ for shared pool complexes. Pool heat is seasonal (not offered year-round), upon request and requires payment of an additional fee.
b. Pool Heat. Houses advertised with a heated pool will be heated during the following time periods each year: March 1st through June 1st and September 1st through November 1st. Please note that pool heaters will not operate if the air temperature surrounding the heat pump drops below 55°F, and pool heat will only raise the water temperature 10 to 15 degrees warmer than the surrounding air temperature.
The standard fee for pool heating is $375 for electric systems or $500 for gas systems. A few of our premier homes with oversized pools carry a higher heating fee of $600 to $800. All pool heat fees must be paid in full before the service is added to the reservation.
If a Guest would like to select pool heating, Agent recommends that Guest add pool heating at the time of booking. In order to receive pool heating, Guest must request and confirm their desire for pool heating at least seventy-two hours prior to check-in. If Guest fails to timely request and confirm pool heating, it cannot be added after arrival.
36. Prohibited Items. No Campers, RVs, or Motorhomes are permitted to be parked at the Premises. Motorcycles, Trailers, or Golf Carts are not permitted at any condo complexes. Agent will not be held liable for the ability or lack thereof to charge a rental or personal golf cart.
37. Parking. Parking will be limited at the Premises. Generally, a Guest will not be able to park more than four (4) cars at a home or more than one (1) car at a condo. Parking or driving on lawns or streets is strictly prohibited and will result in a charge of $500. In the event the Guest receives a citation for a parking violation during their stay, on or off the rental property, Agent will not be held liable.
38. Shipping Items. Guest agrees to provide Agent with at least 30 days prior written notification if Guest would like to ship items to Surfside Realty’s office location. Guest agrees to pay a fee associated with any such shipment of up to $100 based upon request. Necessary medical equipment is an exception to this fee. Guest assumes all risks (including risks that items may be damaged, stolen, or misplaced) when shipped to Surfside Realty’s office or while the items are waiting for pick-up at Surfside Realty’s office.
39. Functioning of Equipment. Even the best equipment including, but not limited to, air conditioners, televisions, wireless internet and other types of equipment, occasionally malfunctions and needs repair. Guest agrees that Agent cannot and does not guarantee the performance of any equipment on the Premises during Guest’s stay. Guest assumes the risk that any equipment on the Premises may or may not function as intended during Guest’s stay, and Guest shall not be entitled to a refund of any type should any equipment on the Premises not function. Should any issue arise, Guest agrees to immediately report any and all such issues to Agent. Upon receiving a report of any such problems, Agent will work to correct any problems as soon as possible. Guest understands that some thermostats on the Premises may be controlled by the Owner, and Guest may not have the ability to adjust such thermostats.
40. Guest Relocation. In the event Agent or Owner is unable to deliver the Premises to Guest for any reason, Agent will make every attempt to relocate Guest to another property. Alternately, Guest will be entitled to a full refund of all considerations previously tendered by Guest.
41. Equipment Rentals. Guest may elect to rent equipment from third-parties, VayKGear or RDR 4 Carts. To the extent Guest elects to do so, Guest understands that Guest is renting equipment from a third-party, not from Agent. By signing this Agreement, Guest acknowledges and agrees that Agent has no ownership or control over any such equipment Guest may rent from a third-party. Further, by signing this Agreement, Guest acknowledges and agrees that the third-party, not Agent, is responsible for maintaining such equipment and ensuring that it functions properly and as intended. Lastly, by signing this Agreement, Guest agrees and acknowledges that Agent is not responsible for any injuries or damages that may occur when using, operating, or riding the equipment.
If Guest elects to rent equipment from third-parties, such third-parties typically require Guest to sign an equipment rental agreement. If Guest believes such rental equipment is faulty, Guest must address such issues to the third-party that rented the equipment to Guest. Agent recommends that Guest promptly inform third-parties of any faulty equipment or any other issue that may arise with respect to such equipment. Guests accepts all responsibility for equipment after the third-party delivers the equipment to Guest.
For convenience, if Guest elects to rent equipment from a third-party, Guest pays the rental fee for the equipment rental to Agent, not to the third-party directly. Agent, then, in turn, pays a portion of the rental fee to the third-party. Agent will not refund the rental fee to Guest under any circumstances. To the extent Guest wishes to seek a refund for any equipment rented, Guest must address those issues to the third-party that rented the equipment to Guest.
42. LSV Cart Placement. Guest agrees and understands that they may select a property that has a Low-Speed Vehicle (LSV) Cart placed at the Premises, and if Guest selects such a property, the LSV Cart cannot be removed or moved from the Premises. The LSV Cart is provided by a third-party, RDR 4 Carts, not Agent. To the extent Guest elects to use the LSV Cart, Guest understands that it is renting the LSV Cart from a third-party, not from Agent. All communication regarding the LSV Cart should be addressed to RDR 4 Carts, not Agent. By signing this Agreement, Guest acknowledges and agrees that Agent has no ownership or control over the LSV Cart. Further, by signing this Agreement, Guest acknowledges and agrees that RDR 4 Carts, not Agent, is responsible for maintaining the LSV Cart and ensuring that it functions properly and as intended.
If Guest believes the LSV Cart is faulty, Guest must address such issues to RDR 4 Carts. Agent recommends that Guest promptly inform RDR 4 Carts of any faulty equipment or any other issue that may arise with respect to the LSV Cart. By signing this Agreement, Guest agrees and acknowledges that Agent is not responsible for any injuries or damages that may occur when using, operating, or riding in the LSV Cart.
43. Cameras/Recording Devices. Guest understands that Owner may use exterior cameras (such as doorbell cameras) to secure the Owner’s property. These exterior cameras may be in use while Guest occupies the Premises. Use of indoor cameras or indoor audio recording devices is strictly prohibited while Guest occupies the Premises. If Guest has any questions about the use of cameras or recording devices on the Premises, Guest should contact Agent.
44. Miscellaneous. Guest acknowledges that there are a number of things that are outside of Agent’s control. Without limitation, and by way of example only, Guest acknowledges that Agent is not responsible for any construction, renovations, limited parking, or maintenance repairs that are present or may be performed during Guest’s stay within the property complex or at a neighboring property. This Agreement shall not be binding unless and until Agent has received one half the gross rent and all checks have cleared the bank. Guest acknowledges that they may not have possession of the Premises until the full rental amount set forth herein has been paid. Guest acknowledges that rental rates are subject to change. If Guest, or any member of their party, violates any of the terms of this Agreement, Agent may terminate this Agreement and enter the Premises and take any and all such actions as may be necessary to enforce compliance with this Agreement and to protect the Owner’s property. Upon notice of termination of this Agreement, Guest shall vacate the Premises immediately and in peaceable fashion.
45. Limitation of Damages, Indemnity. In the event of any breach of this Agreement by Agent, Guest expressly acknowledges that in no event shall Agent or Owner be held liable for any consequential or secondary damages, including, but not limited to, any expenses incurred as a result of travel or costs of re-renting. Guest agrees that the maximum amount of damages he or she may recover for any breach of this Agreement is limited solely to any amounts paid by Guest to Agent. No other damages are recoverable by Guest. Guest agrees to release and indemnify Owner and Agent from and against all liability for injury to Guest, for injury to any member of Guest’s party, or for any property damage. Guest agrees to be responsible for any repairs necessary due to their negligence or intentional acts. Guest understands that Agent will not be responsible for any accidents involving Guest or Guest’s property or for the loss of money, jewelry, or valuables of any kind.
46. Errors. Agent takes reasonable steps to ensure that all Premises are described in an accurate manner on its website and in other written materials. However, mistakes or errors may occur in descriptions, and to the extent any mistake or error occurs, Agent shall have no liability for any such mistakes or errors.
Likewise, Agent takes reasonable steps to ensure that all prices are correctly quoted and that Guest is properly charged for all amounts due to Agent. However, mistakes or errors sometimes occur. To the extent Agent incorrectly charges Guest for any amount due (by mistake, error, or otherwise), Agent reserves the right to correct such charges and to demand that Guest pay the correct amount, and Guest agrees to pay the correct amount due to Agent. By signing this Agreement, Guest acknowledges that errors or mistakes may occur when Agent bills or quotes prices, and Guests agrees that Agent may correct any such errors or mistakes. Further, Guest agrees to pay the correct amount due to Agent that it owes under this Agreement, regardless of any errors or mistakes that may have occurred in quoting or billing.
All rental rates, furnishings, and equipment are subject to change without notice. Each rental unit is privately owned and reflects the Owner’s taste and requirements, so the condition of the Premises will vary depending on age and care provided by the Owner. Guests with specific standards or requirements are strongly encouraged to personally inspect the Premises before booking. Please note that Agent is unable to make substitutions or issue refunds upon your arrival.
47. Severability. In the event any provision of this Agreement is deemed to be invalid or unenforceable by any court of administrative agency of competent jurisdiction, the Agreement shall be deemed to be restricted in scope or otherwise modified to the extent necessary to render the same valid and enforceable.
48. No Inferences Against Author. No provision of this Agreement shall be interpreted against any party because such party, or its legal representative, drafted such provision.
