Bama Beach Houses Vacation Rental Agreement
Thank you for allowing us to provide you a place to stay in Gulf Shores & Orange Beach, AL. Please carefully review the information below. You are on your way to a fantastic vacation!This Short Term Rental Agreement (the “Agreement,” “Terms & Conditions”) is a legally binding document made by and between Elkins Management & Development, dba Bama Beach Houses, and its subsidiaries, and assigns (“We”/”Us”/”Our”) and Lessee (“You”/”Your”/”Guest” ) as of the reservation/reservation request date of this Agreement. For good and valuable consideration, the sufficiency of which is acknowledged, the parties hereby agree as follows:
You have read, understand, and agree to the terms & conditions of this rental agreement.
Your Book Now/Booking Request/Reservation represents your agreement to honor the terms and conditions of the stay and our policies and procedures. A booking request is not accepted by us until we have confirmed availability and accepted the reservation. You will be notified in the rare event there is a problem and, when we are unable to provide a like-unit, provided an opportunity to modify the request or receive a full refund.
Did you know? We own all our properties and check-in, check-out and guest relations during your stay are handled by one of several local Gulf Shores based property management companies. We handle most stays ourselves as Bama Beach Houses; however, you may receive information from a local management company (we will clearly note this in our confirmation). When in doubt about communications, just ask us.
You receive LOTS of information about your stay directly from Bama Beach Houses and additional check-in information no later than 1 week before your stay and again 24-48 hours prior to check-in. Your entry codes are usually in that 24-48 hour message. You generally do not need to “check in” anywhere!
Check-in begins at 4pm. During busy seasons and with larger houses, the vacation home may not be available immediately at 4pm. Check-out is at 10:00AM. Early check-in and late check-out are not available, except when approved in advance and paid for. This is never possible for ‘same day turns’ which is all of summer.
Your assigned local property management company is your first point of contact for any issues during your stay. However, please feel free to contact us directly if you have any problems that they are not able to resolve. We want to know how your trip is going! You booked directly with the owners, and we expect to hear from you, and will help! Please note, if you do not directly communicate with us regarding any unresolved issues during your stay, we will not be able to help, and we will not approve any refunds or accommodations.
MUST BE 25+ and NO LARGE GROUPS OF UNRELATED ADULTS UNDER 25
You must be at least 25 years of age to reserve our homes. The primary renter must be at least 25 years old and must be present for checkin and throughout the stay. Additionally, we do not allow rentals to large groups of unrelated young adults, for example, but not limited to, college age spring break groups or similar gatherings even if the primary renter is 25+ and on premises. For some homes, and under some pre-approved circumstances, we will agree to allow those under 25 to rent our homes subject to terms and conditions to include one or more co-signers over 25, generally we require this person to be a parent, an additional security deposit generally the greater of the full rental value or $3000 payable by e-check/check only and directly to us, and provision of identification of all guests prior to check in. ANY SUCH EXCEPTIONS MUST BE PRE-APPROVED. Groups who rent under false pretenses will be asked to leave immediately, regardless of behavior. Abrogation of any of these terms is a breach of agreement subject to all terms and conditions herein, including immediate cancellation with no refund of monies paid or due and payable.
VALID GOVERNMENT ISSUED ID IS REQUIRED
Homes are expensive and we often have no validated identifying information from guests via third-party sites and otherwise. As a result, to protect our homes and ensure we know who is leasing our property, you agree to securely upload a copy of a valid government issued photo ID. To address fraudulent activity, “Last-Minute” reservations must provide valid, unexpired, state-issued ID matching the name on the credit card used to pay for the reservation. Failure to provide a valid state-issued identification card matching the cardholder’s name will result in immediate cancellation of the reservation request and no key-code will be issued for entry into the requested property. We reserve the right to have a representative verify these documents in person during a stay.
NO CANCELLATIONS
Unlike hotels, each of our homes are unique and leased months to years in advance, it is therefore difficult to re-let them. As a result, we have a no cancellations policy. We do understand that situations may arise that affect your travel plans and strongly encourage all renters to purchase traveler’s insurance to assist with life's last minute issues. NO REFUNDS are issued for cancellations or early departure due to medical emergencies, inclement weather, hurricanes, evacuations, loss of access to or availability of the home due to natural disaster or other circumstances, personal circumstances, or any other issue that may cause your travel to be interrupted. The full amount of a canceled reservation remains due and payable, which includes any future payments due under the rental agreement.
TRAVELER’S INSURANCE/TRIP PROTECTION
We strongly encourage all renters to purchase traveler’s insurance to protect themselves against unexpected changes to plans, including family deaths, natural disasters, or any other issues that may impact your travel arrangements. Most third-party platforms allow you to add travel insurance as part of the booking process, and we offer several types of travel insurance ourselves through a third-party insurance provider–you may add our insurance soon after booking.
There are many national insurance providers, and you are welcome to use any of them. Be sure any policy you consider actually covers what you are concerned about. Some allow cancellation for any reason, but most allow cancellation / trip interruption for limited reasons. Please note that travel insurance will never cover a situation that is already known, so if you buy it after a storm is named, or a situation is well known in the public, it will not likely cover those situations. Please work with your third-party insurance provider to understand what might work best for you.
AGREEMENT TO PAY
You agree to pay all charges associated with this agreement. If some or all charges are paid with credit card, you agree to do so per your credit card agreement. NSF/bad payments/disputed payments are subject to processing fees of at least $50 per instance and 2% monthly interest may accrue on past due amounts. Failure to make timely payment may result in cancellation of a reservation with no refund of amounts paid or payable.
Your initial non-guaranteed booking hold deposit will be charged upon reservation request. You authorize future payments, if any, and any balances due to be automatically charged, at our discretion, to the payment method on file on the due date, as specified in the booking confirmation.
Guest initiated modifications to the stay that cause changes in the cost of the stay may be charged immediately upon reservation modification to the default payment method on file, or at any time afterwards. Past due balances may be charged to a card on file at any time.
If you wish to change the payment type, or to manually make payments or modify the payment plan, you may do so at any time by contacting us to discuss your situation. Please note that requests related to upcoming payments must be made at least 2 business days prior to the due date to ensure the upcoming payment can be modified appropriately.
POLICIES & PROCEDURES
https://bamabeachhouses.com/vacation-home-policies-procedures/
Guest has reviewed and agrees that all rentals are subject to our full policies and procedures, link included above, incorporated herein by reference, except when those terms or conditions conflict with specific terms of this agreement. Guest also agrees to the policies and procedures of the individual management companies, incorporated herein by reference, except when those terms or conditions conflict with ours.
POOLS, POOL EQUIPMENT, POOL HEATERS (where available)
Pool heaters, where available in very limited homes, and when specifically added to a reservation, will be set to 82 degrees for guests who request pool heating in advance, and are subject to a fee per night of stay surcharge, for all nights of the stay. Fees may be changed at any time, and will be the current fee rate when the guest chooses to add it, which may be more or less than the price advertised at the time of booking. Pool heating may not be requested for less than the full length of stay. If the pool heater verifiably fails to maintain 82 throughout the stay, the paid pool heating surcharge may be refunded prorated as sole compensation for disruption of that amenity. Heated pools are not hot tubs. Pool heaters are to take the edge off. 82 is at the higher side of recommended recreational pools temperatures.
Children. Diapers. Food. Children under 12 must be supervised by an adult. Children in diapers or prone to ‘accidents’ must wear swim diapers or plastic pants. No regular diapers are allowed in a pool. Food and drink must be consumed on the pool deck; no food or drink allowed in the pool. No glass containers or bottles of any kind are allowed on the pool deck.
No Tampering. Pool filters, heaters, and other equipment are not to be accessed or modified by the guest under any circumstances. This specifically includes, but is not limited too, modification of pool heater and its temperature. Tampering is subject a minimum fee of $500 for violations, in addition to any actual expenses incurred, and will result in loss of use and is considered breach of contract.
NETWORK SERVICES, AUP, & OUTAGES
Our homes are all provisioned with robust multi-node mesh-based wifi networks that ensure great coverage throughout the home, and which can be checked remotely. Coverage within and to a reasonable extent outside the home is excellent. If you experience coverage or connectivity issues, in most cases it is a result of Guests modifying (especially unplugging) components of the network, OR from a local service provider outage. We have FAQs to assist and are happy to help too.
Guests understand, however, and agree that internet, television, and similar services are amenities subject to outages beyond our control and that while reasonable efforts to restore services will be made, sometimes area network service providers do have outages outside our control, and, like at your homes, we cannot guarantee the timeframe for repair when the outage is outside the home. Service outages are not subject to refund or accommodation.
Guest acknowledges and agrees to be bound by acceptable use policies (AUP) of network services providers (including, but not limited to, restrictions against uploading or downloading of copyrighted materials without permission), and the policies and procedures of the individual management companies, each incorporated herein by reference, except when those terms or conditions conflict with specific terms of this agreement. This includes but is not limited to, downloading or accessing copyrighted materials without permission. Guest shall hold harmless and defend us from any such violations that occur during the stay.
NO SMOKING
NO PETS
We love our furry friends too; however, pets are not allowed except in a very limited number of locations and only with PRIOR OWNER APPROVAL. There are several boarding services in the area. The mere presence of the option to add a pet fee, or a number of pets, on a booking platform is NOT acceptance or approval of a pet. This policy applies EVEN TO HOMES THAT ALLOW PETS. All pets must be pre-approved and are subject to a per pet fee when approved. Due to sanitary issues, pets are NEVER to be allowed in a pool. This affects the pool filter system and is a violation of local ordinances. Violation is subject to a $500 fine plus damages, if any.
GENERAL TERMS AND CONDITIONS
We love our homes, please take care of them as you would your own, and please let us know about anything that needs work. Our homes are provided in “as is” condition. We shall do our best to ensure operation of all amenities, such as internet access, cable tv, pools, pool heaters, hot tubs, etc, where applicable. No refunds will be provided for lack of access to amenities during a guest stay and we will make every effort to correct any issues reported as quickly as possible.
We reserve the right to access the property for repair and inspection at any time and without prior notification.
We reserve the right to refuse rental or discontinue occupancy without refund if in our judgment the ongoing occupancy is detrimental to the property.
Guest is fully responsible and liable for any damages to the premises or fixtures and furnishings, including but not limited to appliances, throughout their stay. In the event damages occur during your occupancy you agree to pay for such damages within 14 days of notification. If payment is not made, you authorize us to charge the cost of such damages to the credit card on file, if present, and acknowledge that delinquent account charges will accrue. Guest agrees to be responsible for and reimburse the property owner for any applicable costs and attorney’s fees incurred for collection. All provisions, terms and conditions of this agreement and the policies and procedures shall be binding upon lessee, guests, heirs, assignees, executors, representatives, and legal successors, and you agree to indemnify, hold harmless, and defend us from and against any and all claims (including claims for personal injury or death), demands, actions or causes of action (including attorney’s fees and costs) that are brought by anyone arising out of or in connection with use or presence on or at the vacation home by you or your representatives, invitees, or family members including claims allegedly arising from active or passive acts, omissions, or negligence by us.
Breach of terms, conditions, or any policies and procedures, including, but not limited to, damage to the property, cancellations, and violation of occupancy limitations or restrictions regarding house parties, may result in immediate discontinuation of use with no refund of any deposit or payments made or due and payable.
In the event we are unable to provide the specific property for use during the rental term, we reserve the right to substitute a "like property," where "like" is defined in relation to equaling or exceeding the reserved home in respect to occupancy capacity, and location (beachfront, beachview, lagoon). If such replacement property cannot made available, we, at our sole discretion, may, but are not required to, offer a different (‘unlike’) property, reschedule and/or return all payments, exclusive of any non-refundable booking fees charged by third-parties, made by the Guest, whereupon this Agreement shall be terminated and you and we shall have no further obligations or liabilities in any manner pertaining to this Agreement.
Payment made toward the reservation entails full acceptance of this agreement and its terms and conditions, and such acceptance is in fact required in order to make any such payment in all third-party platforms as well as our own website. It is not technically possible to make such payment without acknowledging these terms and conditions. We try to keep things simple; however, an electronic version of this agreement may be requested for digital signature. This is simply an electronic copy of the already agreed to terms and conditions along with booking information. This may be completed as hard copy or electronically. Execution of a digital signature shall be deemed a valid signature. Clicking the required "I accept the terms and conditions' box on any BamaBeachHouses payment or similar functions on our site or third-party sites similarly shall be deemed acceptance, irrespective of failure (or refusal) to execute the additional electronic copy..
This agreement, and its inclusions by reference, 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 parties. 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. Discrepancies between this agreement and any inclusions by reference shall defer to this agreement. Any notice required to be given under this agreement shall be in writing and sent to the contact information included herein or in the booking record. We may use electronic means for written notice and such notice shall be considered valid and delivered as of the date and time of transmission to any contact provided by the guest. Guest agrees any claims arising as a result of this contract shall solely be heard in the state and US federal courts of Monroe County, Indiana. Guest hereby waives any and all rights to a jury trial.
We are not responsible for errors and omissions in pricing and descriptions. Resolution for any errors in pricing shall be for the guest to pay the difference in rates, be moved to a more rate appropriate home, or to request a cancellation within 72 hours of notice of the pricing issue, for which a waiver of the no cancellation policy shall not be unreasonably withheld. In the event we discover a pricing error to the guests benefit, a refund of the difference shall be made with no impact on the reservation itself.
We reserve the right to refuse any reservation based on incorrect pricing, breach of agreement, provision of inaccurate information, or any other reason.
Again, please take a moment to review all of our full policies and procedures, which include helpful tips and guidelines for a great vacation!
At check out, please leave the property reasonably clean, beds are left unmade (but not “stripped”), towels are piled on the floor in bathrooms, dishes cleaned and put away, trash disposed of in outside trash containers and lock all doors & windows. That’s it!
THANK YOU FOR CHOOSING TO STAY IN OUR HOME
Thanks again for choosing to stay with us. Please do not hesitate to contact us if you encounter any issues with your reservation or the home. While the local management company is your first point of contact to correct issues, we’d like to know how it’s going! And if you are having trouble, we can often help move things along faster!
Think the home was awesome and you had a great trip? Please drop us a line. We love Gulf Shores and Orange Beach and we really appreciate hearing about your great vacation experiences!
Have a great trip! We know you’ll love Gulf Shores and Orange Beach, we certainly do!
Best wishes!
Rick & Susan Goldsworthy
Bama Beach Houses