Terms and conditions - Bama Beach Houses

Bama Beach Houses Vacation Rental Agreement

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”, "Terms & Conditions") is made by and between Elkins Management & Development, its subsidiaries, dbas 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 ("vacation home," “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 of this rental agreement.

This Book Now/Booking Request and/or any payment made on a reservation represents your agreement to honor all 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.

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. You receive information about your local management company in your confirmation 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 will check in at the local management company 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 at 10:00AM.

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 must be at least 25 years of age to reserve our homes. The 25 year old must be present for checkin and throughout the stay. For some homes, and under some pre-approved circumstances, we may, at our sole discretion, and only in advance, agree to allow those under 25 to rent our homes subject to additional terms and conditions to include a co-signer over 25, an additional security deposit generally no less than the greater of $3000 or the full rental rate of the home, whichever is greater, payable by check only and directly to us, and provision of a list and identification of all guests prior to check in. We do NOT rent to large groups of unrelated adults under 25 regardless of the age of the primary renter.
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. We do make exceptions from time to time when people make open and honest requests ahead of booking. These are evaluated on a case by case basis, and subject to additional terms and conditions. Please inquire if you have a special situation. However, bookings which violate these terms will be cancelled with no refund of moneys paid or payable.

During specific times of year, and under other conditions, particularly, but not limited to, “spring break” and event weeks, we may 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.

Homes are expensive and we often initially 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, or otherwise provide, a copy of a valid government issued photo identification. We reserve the right to require you to provide a list of all individuals staying in our home, along with valid contact information and identification. This generally, but not exclusively, applies to large groups of unrelated adults. We reserve the right to require a security deposit for certain periods of the year and/or for large groups of unrelated adults.

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/erroneous 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.

Policies and Procedures - https://bamabeachhouses.com/vacation-home-policies-procedures/

Guest 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 bamabeachhouses.com. Guest also agrees to the policies and procedures of the individual management companies, incorporated herein by reference, except when those terms or conditions conflict ours.

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 appliances, throughout their stay. In the event any 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. Guest agrees to be responsible for and reimburse the property owner for any applicable costs and attorney’s fees incurred for collection.

Additionally, 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 temperature, which, if such device is available at the rental home and has been specifically included as part of the rental, is to run at a temperature we set, generally 82’ (or as otherwise specified), which is the midpoint for recommended pool temperature ranges. These are pools, not large hot tubs.. Tampering is subject to all damage terms and conditions, with 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.

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.

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 at, in, near, or adjacent to the vacation home, including any common facilities, activities or amenities, 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 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.

In the event we are unable to provide the specific property for use during the rental term due to reasons, events or circumstances beyond our control, 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, location (beachfront, beachview, lagoon). If such replacement property cannot be found and made available, we, at our sole discretion, may allow guest to reschedule and/or may 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.

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 similarly shall be deemed acceptance and a valid signature.

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 approval and a per pet pet fee. 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.

NO CANCELLATIONS. Unlike hotels, each of our homes are unique and generally are leased months to years in advance, it is difficult to re-let them. As a result, we have a no cancellations policy. We do understand that situations may arise that affect 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 any other circumstances, personal circumstances, or any other issue that may cause your travel to be interrupted.

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 can provide you with options during or shortly after you book as well. Let us know how we can help.

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.

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 description. We reserve the right to refuse any reservation based on incorrect pricing, breach of agreement, provision of inaccurate information, or any other reason.

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. Please note that as a result of this, sometimes our accounting of your total reservation value and payments may differ from that of the third parties (especially VRBO), and in such instances, the third-party platform should your go to for payments and charges.

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! 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

--- Travel Insurance Information ---

This is a standard addendum, it is NOT an indication you have purchased travel insurance.

For guests who choose travel insurance, which we strongly recommend: Travel insurance is a product from a third-party and solely supported and implemented by them. You explicitly hold us harmless for any issues related to such insurance and you understand that we are not an insurance provider and that we provide no guidance whatsoever in terms of these products. We cannot provide guidance on insurance selection, features, or use as we are not agents of record. The below section is provided from the insurance provider in whole.

Travel Insurance powered by RentalGuardian.com®

InsureStays Insurance Agency, LLC PO Box 4443

Pawleys Island, SC 29585 (843) 286-5144

www.insurestays.com

Retailers Offering Standard Trip Cancelation

We have partnered with RentalGuardian.com and InsureStays to help safeguard your booking deposit and other pre-paid non-refundable payments related to planned travel. We strongly encourage you to purchase optional travel insurance.

Travel Insurance covers risks incidental to planned travel such as sickness, accidental injury, or death of you or a family member (or of a traveling companion), weather delays, natural disasters, unexpected changes in your employment, and many more specified reasons.

- The coverage costs 7% of your total reservation invoice. The premium charged for travel insurance is generally non-refundable after 15 days of coverage purchase.
- As a covered traveler, should you have a medical issue or experience trip delay or

interruption due to unforeseen developments, you may initiate your claim by calling (833) 610-0736.

- Guests opting not to purchase travel insurance should be aware that no refund of your

reservation deposit(s) will be available; therefore, your entire booking payment is at risk. For more information, please visit https://bamabeachhouses.rentalguardian.com or consult your coverage documents.

Retailers offering Standard Trip Cancelation and CFAR

We have partnered with RentalGuardian.com and InsureStays to help safeguard your entire booking deposit and other pre-paid non-refundable payments related to planned travel. We strongly encourage you to purchase optional travel insurance.

- Travel Insurance covers risks incidental to planned travel such as sickness, accidental injury, or death of you or a family member (or of a traveling companion), weather delays, natural

disasters, unexpected changes in your employment, and many more specified reasons.

- In addition, for an additional charge, you can choose the optional CFAR benefit which pays up to 60% of pre-paid non-refundable charges should cancel for any reason not covered by standard travel insurance.
- The standard travel insurance coverage costs 7% of your total reservation invoice amount; if you include the optional CFAR benefits, the coverage cost is 9.8% of your total reservation

invoice amount. The premium charged for travel insurance is generally non-refundable after 15 days of coverage purchase.

As a covered traveler, should you have a medical issue or experience trip delay or interruption due to unforeseen developments, you may initiate your claim by calling (833) 610-0736. For more information, please visit https://bamabeachhouses.rentalguardian.com or consult your coverage documents.

Guests opting not to purchase travel insurance should be aware that per the terms and conditions in your rental agreement, refund-in-full of your reservation deposit(s) will not be available; therefore, your entire booking payment could be at risk.

dba InsureStays; dba in California InsureStays Insurance Agency, LLC; dba in Florida InsureStays Agency.