Thank you for allowing us to provide you a place to stay in Gulf Shores and Orange Beach, AL. Please carefully review and return the information below and you will be on your way to a fantastic vacation!
This Short Term Rental Agreement (the “Agreement”) is made by and between Elkins Management & Development, its subsidiaries, and assigns (“We”/”Our”/”Us”/”Rental Agent”) and Lessee and lessees heirs, successors, representatives and assigns (“You”, “Guest”) as of the date the rental is made and in relation to a vacation property (“home,” “homes,” “property,” “properties”).
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 and conditions. You agree to pay all charges, and if paid with credit card, to do so per your credit card agreement.
We own all our properties and check-in, check-out and guest relations during your stay are handled by a local Gulf Shores based property management company. The specific management company will be provided, along with contact information, in a separate email. In most cases, this is either Meyer Real Estate, Kaiser Realty (Wyndham Vacations), or Relax on the Beach.
Your Book Now/Booking Request 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 with our primary management company for the property. You will be notified in the rare event there is a problem with the booking dates and provided an opportunity to modify the request or receive a full refund.
You will check in as an owner guest. Check-in begins at 4pm and keys will be released to guests for occupancy after the property has been cleaned. At times, especially during busy seasons and with larger houses, the vacation home may not be available immediately at 4pm. Check out is 10am. It takes a significant amount of time to turnover a large home and we appreciate you understanding and respecting these check-in and out times.
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!
During specific times of year, and under other conditions, particularly, but not limited to, “spring break” weeks, we require a deposit on the home, this refundable deposit is generally equal to the cost of the rental reservation and will be applied toward, damages, if any, to the property during your stay. Additionally, discounted rates are may not be applicable to large groups of unrelated adults without prior approval.
Policies and Procedures
Lessee has reviewed and agrees that all rentals are subject to our full policies and procedures, incorporated herein by reference, and available directly from us, or online at our personal website ongulfshores.com. Lessee also agrees to the policies and procedures of the individual management companies, incorporated herein by reference, except when those terms or conditions conflict ours.
Some key points in our policies and procedures are summarized below for your convenience.
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, hot tubs, etc, where applicable. We will not be held responsible for failure of such amenities to work but 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. Lessee agrees any claims arising as a result of this contract shall be heard in Monroe Circuit Court, Monroe County, Indiana.
Lessee is fully responsible and liable for any damages to the premises or fixtures and furnishings, including appliances, throughout their stay. In the event damages occur during your occupancy you agree to pay for such damages within 30 days of notification. If such payment is not made, you authorize us to charge the cost of such damages to the credit card guaranteeing payment, if present, and acknowledge that delinquent account charges will accrue. You also agree to be responsible for and reimburse the property owner for any applicable costs and attorney’s fees incurred for collection of damage.
Lessee 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.
You hereby covenant and agree to indemnify and hold harmless us and our 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 you, your permitted guests, visitors or agents, representatives or successors of you due to any claims relating to breach of any term, destruction of property or injury to persons or loss of life or any other loss sustained by you, your family, visitors, or others in or about the property and you expressly agree to save and hold us harmless in all such cases.
You hereby waive and release any claims against us, the Property owner and their successors, assigns, employees or representatives, officially or otherwise, for any injuries or death that may be sustained by you on or near or adjacent to the Property, including any common facilities, activities or amenities. You agree to use any such facilities or amenities entirely at the your own initiative, risk and responsibility.
In the event the property is not available for use during the rental term due to reasons, events or circumstances beyond our control, We 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, we shall immediately return all payments, exclusive of any booking fees charged by third-parties, 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.
You must be at least 25 years of age to reserve our homes and all guests must provide valid identification. We reserve the right to require guests to provide a list of all individuals staying in our home(s), along with valid contact information and identification.
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 lease payments. There are no refunds for cancellations. We understand that issues may arise that prevent you from taking your vacation and strongly suggest trip insurance for your protection.
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 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. 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.
Depending on how a booking is executed, we may require that guests complete a separate contract with us. This is simply an executed copy of this contract with booking information. This may be completed as hard copy or electronically.
No smoking or pets are allowed.
We encourage all renters to purchase traveler insurance.
We are not responsible for errors and omissions in pricing and description. We reserve the right to refuse any reservation based on incorrect pricing until such reservation is fully executed.
Please note that if you book through any online agency, such as VRBO or TripAdvisor, and pay through them, your payment is generally processed fully by those agencies. We do not have any control over how they handle such payments, nor over the online booking fees that they charge to you (and do not pass on to us). In some cases, we do not even receive payment ourselves until after you check in. However, we are happy to assist if you run into any issues.
Again, please take a moment to review all of our full policies and procedures, which include helpful tips and guidelines for a better vacation!
At check out, please leave the property reasonably clean, dishes cleaned and put away, trash disposed of in outside trash containers and lock all doors & windows.
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!
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!