Terms and Conditions
Terms and Conditions
VACATION RENTAL ACT:
THIS IS A VACATION RENTAL AGREEMENT UNDER THE SOUTH CAROLINA VACATION RENTAL ACT, SOUTH CAROLINA CODE OF LAWS §§ 27-50-210 ET SEQ., AND ANY AMENDMENTS, MODIFICATIONS, RESTATEMENTS AND REPLACEMENTS OF SUCH ACT. THE RIGHTS AND OBLIGATIONS OF THE PARTIES TO THIS AGREEMENT ARE DEFINED BY LAW. YOUR SIGNATURE ON THIS AGREEMENT, OR PAYMENT OF MONEY OR TAKING POSSESSION OF THE PROPERTY AFTER RECEIPT OF THE AGREEMENT, IS EVIDENCE OF YOUR ACCEPTANCE OF THE AGREEMENT AND YOUR INTENT TO USE THIS PROPERTY FOR A VACATION RENTAL. THIS AGREEMENT IS NOT GOVERNED BY THE SOUTH CAROLINA RESIDENTIAL LANDLORD AND TENANT ACT.
1. If the Premises is not available for any reason, Crescent Hospitality,LLC reserves the right to substitute a unit of reasonably comparable property located in one of The Cliffs Communities.
2. Check-in time shall not be before 2:30 p.m. and check-out shall be before 11:00 a.m. Guest must check-in at the security gate for the community at which the Premises is located. Unauthorized early check-ins or late check-outs will be subject to additional fees.
3. Crescent Hospitality requires Guest to provide Crescent Hospitality with a credit card number at the time of the execution of this Agreement. Guest must pay the Rent, Taxes, Non-Refundable Housekeeping Fee, Non-Refundable Pet Fee and Other Fees to Crescent Hospitality at check-in time on the Commencement Date. All payments made under this Agreement shall be made by credit card.
4. CANCELLATION/CREDIT CARD AUTHORIZATION: The following cancellation policies apply to this Agreement:
5. April – November: Guest must provide Crescent Hospitality,LLC with oral notice of cancellation at least 14 days prior to the Commencement Date.
**Holidays: Guest must provide Crescent Hospitality, LLC with oral notice of cancellation at least 21 days prior to the commencement Date.
6. December – March: Guest must provide The Crescent Hospitality,LLC with oral notice of cancellation at least seven days prior to the Commencement Date.
7. In lieu of any advance rent or deposit, upon execution of this Agreement, Guest will provide Crescent Hospitality a Visa™, MasterCard™ or American Express™ credit card number and authorize Crescent Hospitality, LLC to charge an amount equal to one night’s rent plus any applicable taxes under the conditions stated below. If your reservation falls over a holiday the cancellation fee is equal to the entire balance due on reservation less the cleaning fee and damage protection if canceled 20 days or less before arrival date. If Guest does not provide timely notice under the cancellation policies stated above, and Crescent Hospitality is unable to re-rent the Premises on the terms set forth herein, Guest’s credit card may be charged the above amount as of the Commencement Date. Crescent Hospitality will apply such payment towards actual damages suffered by Crescent Hospitality for Guest's breach of this Agreement.
**VACATION RENTAL INSURANCE - Guest Protect Plan
CSA Vacation Rental Insurance has been offered with your reservation. Vacation Rental Insurance reimburses for pre-paid, non-refundable expenses due to certain unforeseeable circumstances that may jeopardize your vacation and force you to incur unplanned expenses. We strongly recommend you purchase this valuable protection. View a Description of Coverage/Policy at http://www.vacationrentalinsurance.com/330cert
8. CREDIT CARD AUTHORIZATION FOR DAMAGE DEPOSIT: Vacation Rental Damage Insurance will be available to the guest at time of booking the reservation and available until time of arrival date. (Please see below paragraph on optional insurance provide.)
If the guest declines the Vacation Rental Damage Insurance offered, Guest will be required to provide Crescent Hospitality authorization to charge a security damage deposit of $300 to the credit card provided at time of reservation as a deposit to cover any possible damages during their tenancy in the rental unit. Deposit will be refundable less a handling fee of $30.
In addition to the above, upon execution of this Agreement, Guest will provide Crescent Hospitality a Visa™, Discover Card™, MasterCard™ or American Express™ credit card number and authorize Crescent Hospitality to charge an amount not to exceed one week’s rent under the conditions stated below. Upon termination of the tenancy, Guest's credit card may be charged up to the above amount for Crescent Hospitality’ actual damages, including but not limited to, damages caused by Guest’s non-compliance with Paragraph 16 below, the amount of any long distance or per call telephone charges, and cable television charges that are the obligation of the Guest under this Agreement and are left unpaid by the Guest at the conclusion of the term. The Guest shall provide Crescent Hospitality in writing with a forwarding address to which a written notice of any charges may be sent.
**VACATION RENTAL DAMAGE INSURANCE - The Vacation Rental Damage plan covers unintentional damages to the rental unit interior that occur during your stay, provided they are disclosed to management prior to check-out. The policy will pay a maximum benefit of $3,000. Any damages that exceed $3,000 will be charged to the credit card on file. If you damage the real or personal property assigned to your rental accommodation during the trip, the Insurer will reimburse the cost of repair or replacement of the property, up to $3,000.Certain terms and conditions apply. Full details of the Vacation Rental Damage coverage are contained in the Description of Coverage or Insurance Policy (http://www.vacationrentalinsurance.com/g20vrd). The Vacation Rental Damage can be purchased up to, and including at, check-in. By submitting payment for this plan, you authorize and request CSA Travel Protection and Insurance Services to pay directly Crescent Hospitality any amount payable under the terms and conditions of the Vacation Rental Damage. Please contact Crescent Hospitality directly if you do not wish to participate in this plan or assignment.
9. TRUST ACCOUNT: Any payment made by Guest shall be deposited in a non-interest bearing trust account with Greenville First Bank, 100 Verdae Blvd, Greenville, SC and disbursed as authorized under South Carolina law.
10. CONDITION OF PREMISES: If on the Commencement Date, Crescent Hospitality cannot provide the Premises in a fit and habitable condition or provide a reasonably comparable substitute property in such condition, Crescent Hospitality shall refund to Guest all monies paid by Guest to Crescent Hospitality.
11. SUBLEASE AND ASSIGNMENT PROHIBITED: Guest shall not assign this Agreement or sublet the Premises, or any part thereof without the prior written consent of Crescent Hospitality.
12. ALTERATIONS: Guest shall not make any alterations or additions in or about the Premises. Specifically, the use of satellite dishes, water beds, auxiliary heaters or placing antennas on or about the Premises is prohibited.
13. UTILITIES AND SERVICES: Crescent Hospitality shall be responsible for all utilities routinely provided for the Premises and for all yard maintenance and extermination services for the Premises. Guest shall be responsible for all long distance or per call telephone charges and additional cable television charges, including but not limited to pay per view, if applicable.
14. AMENITIES: The existence of this Agreement does not entitle Guest use of The Cliffs' recreational or club facilities unless otherwise agreed to outside of this Agreement.
15. GUEST OF A MEMBER: A day guest of the Member is required to be accompanied by the Member unless otherwise permitted by the Cliffs Clubs. A Member must personally call the Club and make dining reservations or reserve tee times for any unescorted guests and authorize charge privileges or indicate to the Club staff that the guest will be solely responsible for the guest’s charges while visiting the Club unescorted by the Member. A day guest may not use the dining, golf facilities, tennis, swimming and other recreational facilities of the Cliffs Clubs more than four (4) times during a membership year. A local day guest is defined as an individual who resides within a seventy-five (75) mile radius of the Member’s Home club (whether full time or seasonal). Day guest will be entitled to use the Club Facilities only in accordance with the privileges of membership as provided by the sponsoring Member’s classification.
16. RIGHT TO ACCESS: Guest agrees that Crescent Hospitality, the Owner or their respective representatives may enter the Premises during reasonable hours to inspect the Premises, to make such repairs, alterations or improvements thereto as Crescent Hospitality or Owner may deem appropriate, or to show the Premises to prospective purchasers or tenants.
17. MANDATORY EVACUATION: If State or local authorities order a mandatory evacuation of an area that includes the Premises, Guest in possession of the property shall comply with the evacuation order. Upon compliance, Guest shall be entitled to a refund from Crescent Hospitality of the prorated rent for each night that the Guest is unable to occupy the property because of the mandatory evacuation order.
18. MAINTENANCE: Guest agrees to comply with all obligations imposed by law on Guest with respect to maintenance of the Premises, including but not limited to: (i) keeping the Premises as clean and safe as the conditions of the Premises permit; (ii) causing no unsafe or unsanitary conditions in the Premises and any common areas which Guest uses; (iii) disposal of all garbage and other waste in a clean and safe manner; (iv) keeping all plumbing fixtures in the Premises as clean as their condition permits; (v) refraining from destroying, defacing, damaging or removing any part of the Premises or rendering inoperable the smoke detector provided by the owner; and (vi) taking responsibility for all damage, defacement or removal of any property inside the Premises. Owner and Crescent Hospitality prohibits “Smoking” in Premises. Any violation of the smoking prohibition shall subject the Guest to the termination provisions of this Agreement. Owner and Crescent Hospitality reserve the right to charge a housekeeping fee in addition to the non-refundable housekeeping fee described in Paragraph 5 above for any additional cleaning services if smoking-related odor or stains are detected. Guest shall immediately notify Crescent Hospitality in writing, of any problem, malfunction or damage to the Premises and shall pay for any damage to Premises as a result of failure to report a problem in a timely manner. Guest agrees not to use the Premises for any activity or purpose that violates any criminal law or governmental regulation. Guest’s breach of any duty contained in this Paragraph 16 shall be considered material and shall result in the termination of Guest’s tenancy. If the move-out inspection reveals any damage beyond normal wear and tear, Crescent Hospitality will be permitted to charge Guest’s credit card as provided in Paragraph 7.
19. PETS: Guest shall not keep domestic or other animals on or about the Premises without the PRIOR WRITTEN CONSENT of Crescent Hospitality. If Crescent Hospitality does consent, at the sole discretion of management, the Guest will be required to make payment of a non-refundable pet fee of $100-175.00 depending on the size of the rental property and the number of pets. Guest acknowledges that such fee is reasonable.
20. MOTOR VEHICLES. TRAILERS. BOATS. ETC. Each Owner will provide for parking of automobiles off the streets and roads within the Development. There will be no outside storage or parking upon any portion of the Development of any mobile home, trailer (either with or without wheels), motor home, tractor, truck (other than pick-up trucks), commercial vehicles of any type, camper, motorized camper or trailer, boat or other watercraft, boat trailer, motorcycle, motorized bicycle, motorized go-cart, or any other related forms of transportation devices, except upon the lot and screened from view. Any permitted parking of a mobile or motor home within a screened area of a Lot will not be construed as to permit any person to occupy such mobile or motor home, which is strictly prohibited. Furthermore, although not expressly prohibited hereby, the Board of Directors may at any time prohibit or write specific restrictions with respect to the operating of mobile homes, motor homes, campers, trailers of any kind, motorcycles, motorized bicycles, motorized go-carts, all terrain vehicles (ATVs), and other vehicles, or any of them, upon any portion of the Development if in the opinion of the Property Owners’ Association such prohibition or restriction will be in the best interests of the Development. Such policies may change from time to time with changing technology. The storage of any such vehicles within a a garage will be permitted, even if operating the same is prohibited. No Owners or other Occupants of any portion of the Development will-repair or restore any vehicle of any kind upon or within a property subject to this Declaration except (a) within enclosed garages, or (b) for emergency repairs, and then only to the extent necessary to enable the movement thereof to a proper repair facility.
21. QUIET ENJOYMENT: Each county has a noise ordinance and the community requests that Owners or other Occupants be considerate of the community and its property owners and refrain from generating outside noise after 10:00 pm, unless otherwise designated by law, at a level that disturbs others.
22. BOAT DOCKS: For properties with a boat doc, Occupants other than Owners may only moor one boat to a single dock at a time.
23. SURRENDER OF PREMISES: At the expiration of the term, Guest shall quit and surrender the Premises hereby demised in as good state and condition as they were on the Commencement Date, including but not limited to the furniture, furnishing and other personal property, reasonable use and wear thereof and damages by the elements accepted.
24. NONCOMPLIANCE WITH AGREEMENT: IIf Guest or any member of his/her party violates any of the material terms of this Agreement, including but not limited to any breach which this Agreement specifically states to be material, then Crescent Hospitality may, at its sole discretion, terminate this Agreement with no refund of any of the unused portion of the rents or deposits, and may enter the Premises and remove Guest, the members of his/her party and their belongings immediately.
25. INSURANCE: Guest shall bear the sole risk of loss, including loss of or to any of his/her own possessions which he/she has placed in or on the Premises, and shall be responsible for insuring his/her own possessions against fire, theft, bodily injury and other catastrophes.
26. INDEMNIFICATION: Guest agrees to defend, indemnify and hold harmless Crescent Hospitality, its agents, servants and employees from any and all injury, loss, damage (including wrongful death), actions, causes of actions, or claims of any kind whatsoever (including reasonable attorney’s fees and disbursement) to any person or property arising from, relating to, or in connection with the use and occupancy of the Premises or to equipment, swimming pools, docks, spas, furnishings or appurtenances thereto resulting from any negligent or willful act or omission of Guest, Guest’s guests, independent repairman or contractors hired by Guest without the prior written consent of Crescent Hospitality.
27. TRANSFER OF PROPERTY: If the ownership of the Premises is transferred more than 90 days prior to the Commencement Date, the new owner has no obligation to honor this Agreement, but if the new owner does not honor this Agreement, the Guest shall be due a refund of all advance payments, after any lawful deductions, within 45 days of the recording of the transfer in ownership. The obligations of Crescent Hospitality and the Guest related to the transfer of property are governed by Section 27-50-250 of the South Carolina Vacation Rental Act.
28. ENTIRE AGREEMENT: No modification, change, or cancellation hereof shall be valid unless in writing and executed by all parties hereto. No representation or promise has been made by either party hereto except as herein stated.
29. EXECUTION OF AGREEMENT: This Agreement may be executed in one or more counterparts, all of which shall be considered one and the same Agreement, and shall become effective when one or more such counterparts have been signed by each of the parties. This Agreement may be executed and delivered by copy, facsimile transmission or electronic mail, which will constitute the legal delivery hereof.
30. SEVERABILITY: The invalidity or unenforceability of any one or more phrases, sentences, clauses or provisions of this Agreement shall not affect the validity or enforceability of the remaining portions of this Agreement or any part thereof.
31. PROVISIONS: The provisions of this Agreement and any attachments hereto, shall be binding upon and inure to the benefit of Crescent Hospitality and the Guest, and their respective successors, legal representatives, and assigns.
32. SOUTH CAROLINA LAW: The laws of the State of South Carolina, including the South Carolina Vacation Rental Act, shall govern this Agreement.