Terms & Conditions

Vacation Rental Short Term Rental Agreement

This Vacation Rental Short Term Lease Agreement (this “Agreement”) is made by and between Red Bird Property, LLC (“Owner”) and the party(ies) named in the reservation form (“Guest”) as of the date of the reservation. Owner and Guest may be referred to individually as “Party” and collectively as “Parties.” For good and valuable consideration, the sufficiency of which is acknowledged, the Parties agree as follows:

  1. Property. This agreement applies to any of the units managed by the Owner and any unique attributes are listed in the Agreement. The Property is owned by Owner. The Property is fully furnished by Owner and equipped for light housekeeping. The Owner supplies linens including sheets and towels. A starter supply of household cleaning and hygiene products may be available in the Property for use. Guest is responsible for purchasing any additional supplies.
  2. Rental Party. All persons in the rental party will be bound by the terms of this Agreement. The Guest is responsible for the entire rental party visiting or staying in the property for any amount of time during the term of the lease.
  3. Maximum Occupancy. The maximum number of persons allowed to stay in the Property is limited to four (4) for the Guest Nest; seven (7) for the Beach Bird Bungalow; and ten (10) for the Pelican’s Paradise. The Guest agrees not to exceed the maximum capacity for this unit.
  4. Visitors. A visitor is an occupant of the Property who is not staying overnight. No visitor will be allowed to use the common facilities, including any pools or tennis courts, when Guest is not on the Property. Any other person in the property is the sole responsibility of Guest.
  5. Rental Period & Check-In. The term of this lease will be named in the electronic reservation. The Property will be ready for Guest’s occupancy beginning at 4:00 PM on the Arrival Date and the Property must be vacated by 10:00 AM on the Departure Date, unless otherwise agreed by Owner.
  6. Keys & Access Codes. Owner will provide an access code to the Guest which will unlock the front door to the Property. Guest is not allowed to share this code with anyone outside the Rental Party. Any attempt to access a locked area is just cause for immediate termination of this Agreement, forfeiture of all rent paid, and Guest will be liable for any missing items or damage.
  7. Access. Guest shall allow Homeowner access to the property for purposes of repair and inspection. Guest shall also give access to any third-party repair or maintenance people contracted by the Owner or Owner’s agents. Homeowner shall exercise this right of access in a reasonable manner.
  8. Rental Rules & Restrictions. Guest agrees to abide by the following restrictions by Owner (the “Rules”):
    1. Smoking is not permitted inside the Property or any balcony, porch or deck area.
    2. WE RENT TO FAMILIES AND RESPONSIBLE ADULTS ONLY (minimum check-in age is 25). We do not rent to house parties and/or groups including but not limited to fraternities / sororities, high school graduation, spring break, or other non-family groups to be determined at the sole discretion of the owners. Any violation will result in immediate termination of rental agreement without refund. A responsible adult over the age of 25 must be present AT ALL TIMES to provide adult supervision.
    3. No pets are permitted is just cause for immediate termination of this Agreement.
    4. Quiet hours are from 10:00 PM to 8:00AM
    5. Garbage must be placed in the proper receptacles, instructions for the removal of garbage can be found at each location.
    6. If any person in the Rental Party fails to follow any of the Rules, the Rental Party may be asked to vacate the Property and Guest will forfeit all rent paid.
    7. Water and Septic: DO NOT FLUSH anything other than toilet paper. No feminine products should be flushed at any time. If it is found that feminine products have been flushed and clog the system, you could be charged for damages.
    8. No outdoor grills or similar allowed indoors or on any of the screened in porches.
    9. No fireworks are allowed on premises.
    10. No illegal activity of any kind.
    11. Guest shall cause all members of the rental party and anyone else Guest permits on the property to abide by the rules at all times while at the property.
  9. Payment. Payment in full shall be due at the time of booking. Guest agrees to pay the rent and fees described in the “Total Amount Due”. Payment will only be accepted online, via website using PayPal or Stripe unless otherwise agreed to by Owner.
  10. Cancellation. If Guest cancels the reservation less than fourteen (14) days before the Arrival Date, the Total Amount Due will be forfeited. We encourage all renters to purchase traveler insurance: www.insuremytrip.com.
  11. Cleaning. Daily housekeeping services are not included in the rental rate. Throughout the rental period, Guest will be responsible for keeping the Property clean and in good condition. Any unsafe or dangerous condition must be reported to Owner immediately. Guest acknowledges that on the Arrival Date, the Property is in good condition, except for any defect Guest may report to Owner by the end of the first day following the Arrival Date. The Property should be left in the same condition as it was found by Guest on the Arrival Date. Guest promises to leave the Property in good repair.
  12. Furnishings. Furnishings are subject to change without notice. Furniture, bedding, kitchen equipment, utensils, and any other personal property supplied with the Property must not be removed from the Property. Loss of any items within the Property or damage to the Property or furnishings in excess of normal wear and tear will be charged to Guest. The Property will be inspected by Owner after Guest’s departure. All contents of the Property are the property of Owner. If an item should break, Guest must notify Owner immediately. Guest is not permitted to alter the wiring of any television, computer, or gaming equipment.
  13. Parking. Parking is limited to two (2) spaces. Guest may only park in designated parking areas. Any illegally parked cars may be subject to towing and/or fines.
  14. Mechanical Failures. Owner attempts to properly maintain the Property. While all electrical and mechanical equipment within the Property are in good working order, Owner cannot guarantee against mechanical failure of electrical service, stopped plumbing, water supply, heating, air conditioning, audio visual equipment, internet access, cable service, or appliances. Guest agrees to report any inoperative equipment or other maintenance problem to Owner immediately. Owner will make every reasonable effort to have repairs done quickly and efficiently. Guest will allow Owner or a person permitted by Owner access to the Property for purposes of repair and inspection. Owner is not responsible for any inconvenience that may occur and no refunds or rent reductions will be made due to failure of such items.
  15. Acts of God. If there is a storm or severe weather and a mandatory evacuation order is issued by state or local authorities, Guest shall be entitled to a prorated refund for each night Guest is unable to occupy the Property. Owner will not be liable or deemed in default under this Agreement for any failure to perform or delay in performing any of its obligations due to or arising out of any act not within its control, including, without limitation, acts of God.
  16. Limitation on Liability. Owner is not responsible for any accidents, injuries or illness that occur to any member of the Rental Party or Guest’s visitors while in the Property or on the Property. Owner is not responsible for loss of personal belongings or valuables belonging to any member of the Rental Party or any of Guest’s visitors. Guest agrees to assume the risk of any harm arising from use of the Property. UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, TORT, CONTRACT, STRICT LIABILITY, OR OTHERWISE, SHALL OWNER BE LIABLE TO GUEST OR ANY OTHER PERSON FOR ANY DAMAGES OF ANY NATURE WHATSOEVER INCLUDING ARISING OUT OF OR RELATING TO THIS AGREEMENT OR GUEST’S RENTAL OF THE PROPERTY OR USE OF THE PROPERTY. IN NO EVENT WILL OWNER BE LIABLE FOR ANY DAMAGES IN CONNECTION WITH THIS AGREEMENT, EVEN IF OWNER SHALL HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE.
  17. Indemnification. Guest acknowledges that the use of the Property by the Rental Party and Guest’s visitors is entirely at their own risk. Guest will indemnify and hold harmless Owner from any and all expenses, costs, damages, suits, actions, or liabilities whatsoever arising from or related to any and all loss of or damage to personal property, injury or death resulting from the use or occupancy of the Property or the failure of any member of Rental Party or Guest’s visitors to observe the Rules and restrictions set forth in Paragraph 8.
  18. Violation of Agreement. If Guest or any member of the Rental Party violates any of the terms of this Agreement, including but not limited to maximum occupancy, visitors and rental rules and restrictions, Owner may evict Guest and the Rental Party from the Property and Guest will forfeit all rent and security deposit paid.
  19. Governing Law. This Agreement and all transactions contemplated by this Agreement will be governed by, and constructed and enforced in accordance with the laws of the States of North Carolina and South Carolina (not including its conflicts of laws provisions). Any dispute arising from this Agreement shall be resolved through mediation. If the dispute cannot be resolved through mediation, then the dispute will be resolved through binding arbitration conducted in accordance with the rules of the American Arbitration Association.
  20. Attorneys’ Fees. If either Party brings legal action to enforce its rights under this Agreement, the prevailing party will be entitled to recover from the other Party its expenses (including reasonable attorneys’ fees and costs) incurred in connection with the action and any appeal.
  21. Amendments. This Agreement may be amended or modified only by a written agreement signed by both Owner and Guest.
  22. No Waiver. Neither Owner nor Guest shall be deemed to have waived any provision of this Agreement or the exercise of any rights held under this Agreement unless such waiver is made expressly and in writing.
  23. Severability. If any provision of this Agreement is held to be invalid or unenforceable in whole or in part, the remaining provisions shall not be affected and shall continue to be valid and enforceable as though the invalid or unenforceable parts had not been included in this Agreement.
  24. Notices. Any notice or communication under this Agreement must be in writing and sent via one of the following options: – personally delivered – sent by overnight courier service – certified or registered mail (postage prepaid, return receipt requested) – electronic email transmission
  25. Successors and Assigns. This Agreement will inure to the benefit of and be binding upon Owner, its successors and assigns, and upon Guest and its permitted successors and assigns.
  26. Entire Agreement. This Agreement represents the entire understanding and agreement between the Parties with respect to the subject matter of this Agreement and supersedes all other negotiations, understandings and representations (if any) made by and between the Parties.

In lieu of signatures, the parties agree to the terms of this Vacation Rental Short Term Rental Agreement, as evidenced by electronic submission at the time of booking.

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