Terms and conditions | Royal Shell
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Royal Shell Terms & Conditions

Please read the following information carefully—All or part of the following information may
pertain to your reservation and is subject to change without notice.

Identification: For the purpose of this document, the document will be referred to as a confirmation from this point forward. The guest, renter, tenant is referred to as guest from this point forward. Vacation home or condominium shall be referred to as rental property from this point forward. The homeowner will be referred to as property owner from this point forward and Royal Shell Vacations Inc. will be referred to as Royal Shell.

Check-In: As noted on your rental confirmation, Please proceed to the check-in location and not the rental property unless specified.  The check-in process begins at 3 p.m. for condominiums and 4 p.m. for homes, but is not guaranteed. Guests should not expect to take occupancy sooner than times stated. In some cases, check-in may be delayed due to circumstances beyond our control. Upon arrival do not set air conditioning thermostats below 72 degrees, this cause system to freeze up and stop working. Once refrigerator is loaded with groceries it can take up to 24 hours for the temperature to balance. Rate adjustments cannot be made for early arrival, checking into an accommodation not released for occupancy or late check- in or early departure.

Check-out: Check-out will be promptly at 10 a.m. No late check-outs can be granted. Any guest that fails to check-out by 10 a.m. will be assessed a late check-out fee of one days rent for failure to vacate. In any event the guest will not be allowed to occupy the premises after 10:00 am the day of check-out. Property keys and garage/gate remotes need to be returned to our office. Please load and start the dishwasher and remove trash from the property.

What is Provided: Provided in all units: bed linens, bathroom towels, kitchen towels, and a starter supply of paper towels, toilet paper, tissue, trash bags, dish washing soap, hand soap and one load of laundry soap. There are grocery stores as well as neighborhood markets and convenience stores located nearby for your resupplying needs.
Not Provided: Some accommodations do not provide beach towels, beach chairs, beach umbrellas, baby equipment. If you need these (or other items) and they are not listed as provided for your home, rentals are popular and easy. Reserve equipment rentals in advance and they will be delivered and waiting when you arrive.

Confirmation: Reservations are not considered confirmed until a member of Royal Shell management has approved the booking. Royal Shell reserves the right to audit, adjust, or cancel any confirmed reservation for inaccuracy or misquoted information at no penalty to Royal Shell or you the renter. Confirmation of rental property can only be established when a deposit is made. All payment and cancellation policies are placed in effect at that time. However, no rental property request is guaranteed. Any difference in rate is subject to guest approval.

Reservations Made by Others: All reservations made by owners, outside travel agents and or reservation services are subject to rules and policies of Royal Shell. Royal Shell is not responsible for inaccurate or misleading representations presented by the vacation rental owner or outside travel agents. Guests will be required to resolve any discrepancies directly with the owner of the accommodation or their travel or booking agent.

Payment Terms: Final payment may be made via credit card, personal check, cashier’s check, electronic check, or money order. Checks must be payable in US funds and drawn from a US financial institution; otherwise any bank fees to convert to US funds will be the guest’s responsibility. Final payments are due 30 days prior to arrival for reservations less than 21 nights and due 60 days prior to arrival for reservations 21 nights or longer and/or gross rent of $8000.00 or higher. Any final payment that is not received by the due date may result in cancellation of the reservation. Should a final payment be past it’s due date, Royal Shell will make 3 attempts to contact you for payment. If after 3 attempts payment has not been made, Royal Shell has the right to cancel the reservation and the deposit is non-refundable. Wire transfers are subject to administrative fees not to exceed $50. County and State Sales Tax is calculated at the time of the reservation being made, Sales Tax is based on the arrival date of the reservation. Tenant shall be responsible for payment of all applicable taxes according to rates in effect at the time of occupancy should the tax rates change.

Returned Checks: Post-dated checks will not be accepted. Returned checks will be charged according to Florida law (7 days from receipt to tender payment of the full amount of such check plus a service charge of $25 if the face value does not exceed $50; $30 if the face value exceeds $50 but does not exceed $300, $40 if the face value exceeds $300; or an amount of up to 5% of the face amount of the check, whichever is greater).

Reservation Fee: The Reservation fee on the face of this confirmation is nonrefundable at any time for any reason.

Interest of Bearing Account: All payments may be placed in an interest bearing account. It is understood that Royal Shell shall retain all interest earned.

Utilities: Guests of single family home in Lee and Collier counties may be responsible for utility charges (electric and/or water) that exceed $150.00 per month during their stay. The overage will be billed upon receipt of the utility bills from the owner.

Misc. Charges: A $10 charge will be assessed for each key not returned to Royal Shell office upon checkout. A late checkout fee (described above) may be charged in the event of keys not returned by 10 a.m. Some properties also have key fobs, gate cards, and/or garage door openers. The replacement fees vary for properties. Guests will be responsible for the replacement cost should one of these items be lost.

Security: Royal Shell charges a non-refundable Damage Waiver  (https://www.royalshell.com/damage-waiver/)  in lieu of cash security deposit. By online electronic signature, the guest agrees to pay for any damages to the rental property not resulting from normal wear and tear, as well as charges incurred during guest stay, including but not limited to telephone charges, maid service, equipment rental movie rental, resort amenity privileges, keys not returned to Royal Shell office, etc., collected above and beyond the rental amount.

Damage Waiver: Most reservations will include the Damage Waiver on the reservation. The Damage Waiver Fee is non-refundable. It covers registered guests against any accidental damages to the unit or its contents for an amount not to exceed $3000.00, when reported immediately. This fee eliminates the necessity for a traditional security deposit while providing our guests a complete and total peace of mind. Please report any damage to the unit as soon as it occurs so that we may be able to access and/or minimize the extent of the damages. The Damage Waiver is ONLY valid if the incident is reported PRIOR TO CHECK-OUT. The Damage Waiver becomes void upon departure, and any damage found by Royal Shell will be the sole responsibility of the guest who incurred the damage. It is guest’s responsibility to make sure this waiver has been added to their reservation. If the Damage Waiver has not been added to your reservation, it may be at any time prior to check-in. Please contact Royal Shell for further information. Guest is responsible for charges over and above $3,000.00.


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Guests Initials: I have read and accept the Royal Shell Cancellation policy: {{initial}}

Vacation Protection Plan: Royal Shell does offer optional trip cancellation and interruption insurance, which protects guests from unforeseen circumstances that may cause a cancellation or early departure. Cancellation insurance details available on the Royal Shell website under Rental information. (https://www.royalshell.com/wp-content/uploads/2015/08/travel_insurance.pdf)

Hurricane Policy: If you are traveling between June and November, please note that this is hurricane season. We would strongly encourage guests to purchase trip insurance to protect your investment, as owners are not required to rebate rent in the event of a voluntary or mandatory evacuation.

Bridge Tolls: There is a $9.00 round-trip toll to reach Sanibel and Captiva Islands. There is a $2.00 Toll for Cape Coral. If you have confirmed a stay at Sanibel Harbour, please note that the complex is on the mainland and you do not need to cross the Sanibel Captiva Causeway to check-in to your accommodation. Royal Shell does not reimburse toll charges.

Substitution of Accommodations: Royal Shell reserves the right to move, relocate, reassign or change the rental property noted on the front of this confirmation for unforeseen circumstances. Royal Shell will make every effort to re-book the guest in a comparable or upgraded rental property. Under no circumstances does this confirmation guarantee the rental property selection. If a guest does not wish to relocate or accept the alternative accommodation Royal Shell will issue a full refund, or proration, if during occupancy an event makes the property unavailable. Under no circumstances will Royal Shell be liable for any other charges incurred for property moves or cancellations. Substitutions of accommodations cannot be made to due accommodation décor.

Amenities: Amenities vary at each rental property. Please contact Royal Shell for specific needs you may have regarding rental property amenities. Royal Shell is not liable for malfunction or closure of rental property amenities and no credits and/or discounts can be granted for circumstances beyond our control.

South Seas Island Resort: https://www.royalshell.com/south-seas-amenities

Sundial Resort: https://www.royalshell.com/sundial-resort-amenities

Maximum Occupants: The maximum number of guests is set by the property owner and/or association and includes small children and infants. The accurate number of guests must be adhered to at all times and any change in the number of guests must be reported to Royal Shell. The maximum occupancy for your stay is noted on the confirmation. Exceeding these limits shall result in forfeiture of payments/deposits. Reservations obtained under false pretenses will cause forfeiture of all payments and the guests will be asked to vacate the rental property immediately.

Quiet Use and Enjoyment:  Royal Shell does not guarantee quiet use or enjoyment of rental properties due to noise from other persons, neighboring properties, construction, maintenance, etc. Royal Shell cannot grant rate adjustments resulting from circumstances outside of the rental property.

Acts of Nature: Royal Shell cannot be held liable for any acts of nature or occurrences beyond our control. No rate adjustments will be made.

Guest Behavior:  By electronic signature, the undersigned, is responsible for the behavior of all members of the party/group during the term of the stay. Behavior should not be excessive, noisy, disruptive, and should be consistent with the rules and regulations of the association (if any). Offensive or illegal behavior will not be tolerated, and no refunds or compensation will be given in these circumstances, and we reserve the right to decline future reservations.

House Parties: Royal Shell does not allow house parties in any rental property. Guests are not allowed to organize graduations, proms, gatherings, reunions, weddings, receptions or any other function similar in nature. Royal Shell does offer event rental properties that will allow family reunions, weddings or receptions, however all such events must be approved in writing in advance and there will be an additional charge and/or security agreement assessed.

Student Groups: Any guest under 25 years old must be accompanied by a parent and/or guardian. Reservations obtained under false pretenses will cause forfeiture of all payments and guests will be asked to vacate the rental property immediately. Government issued identification maybe required.

No Smoking: ALL Royal Shell rental properties are considered non-smoking. Some complex associations do not allow smoking on their property. Some porches may not be suitable for smoking due to ventilation and proximity of rental properties nearby. Any guest that smokes inside a rental property will be asked to leave immediately and all charges to restore the rental property back to its original condition will be charged to the guest.

Association Rules: All accommodations are confirmed with the understanding that all guests will abide by the rules and regulations prescribed by individual owners, condominium or homeowner associations as required for each rental property.

Parking: Motor homes, boat-motorcycle and travel trailers, jet skis, etc. are not allowed at the rental properties. Please ask about local storage of such vehicles and equipment prior to arrival. Some associations also have restrictions on parking and vehicle types, please refer to your rental confirmation for any particular requires for the property you have rented.

Furnishings: All rental properties are individually owned and decorated. Items such as furnishings, appliances, equipment, style, quality, colors, etc. are provided solely by the owner. Royal Shell does not accept liability for the aesthetic or functional perception of the rental properties contents and no rate adjustment can be made.

Telephone Service and Charges: Not all accommodations have a landline telephone. Cell service can be spotty along the barrier islands. There is no charge for local telephone calls. Long distance calling varies—some properties allow direct long distance dialing while others require long distance calls to be placed on a calling or credit card. Direct dial long distance calls shall be billed to the guest and a handling fee of $10.00

Mail/Faxes: Please arrange to have any mail sent to you in care of Royal Shell at our address and not sent directly to the unit. Facsimile services are available in the office.

Units for Sale: In the event that the rental property you confirm is listed for sale, we may request access to show the property during a guest’s stay. By acceptance of this confirmation guest agrees to allow access at a arranged time so that the unit may be shown. If the rental property sells to a new owner who is unwilling to accept existing reservations, Royal Shell will make every effort to re-book the guest in a comparable rental property, subject to availability. Upgraded properties will be considered but additional charges may be incurred. If Guest does not wish to relocate or accept the alternative accommodation provided Royal Shell will issue a full refund.

Entry of Premises: Guest agrees to allow Royal Shell employees, vendors, contractors or subcontractors access to the rental property for any reason to make repairs, improvements, care for or manage the property.

Maid Service/Special Requests: Linens and bath towels are included in each rental property and have been inventoried prior to your arrival. We cannot guarantee your rental property will supply beach equipment or towels. Your rental property is cleaned prior to your arrival and upon your departure, but does not include daily maid service. Daily maid service can be arranged with a minimum of 24 hours’ notice for an additional charge. Cribs and other child care needs or other guest convenience items are offered at an additional charge and can be arranged prior to guest arrival via equipment rental agencies. Preferences will be noted, but not guaranteed.  

Maintenance: In the event of equipment malfunction within a rental property, Royal Shell will expedite repairs as quickly as possible. From time to time, it may be necessary for associations to close tennis courts, swimming pools and other amenities for maintenance purposes. Any maintenance items should be reported to Royal Shell as soon as possible and may require vendors outside of Royal Shell to repair and/or replace equipment. No rent adjustments can be made for circumstances beyond our control or for malfunction or loss of use of equipment or amenities. Should a repairman make a call to a rental property and find the equipment is not in working order due to guest misuse, oversight or neglect, the fee for the service will be charged to the guest.

Pools: The rental property owner or rental property association controls pool temperatures. Royal Shell is not responsible for pool or spa temperatures, closures or malfunctions. No credit, discount and/or rate adjustments can be granted for items mentioned above or circumstances beyond our control. Guests are not permitted to change the settings on the heat pump. Any damages caused by a guest changing the settings will not be covered by the Damage Waiver. There will be days when the weather conditions will not allow pool heaters to accommodate swimming and temperature recovery times will vary. Community pool hours may vary. 

Frameless Glass Doors: Many owners have remodeled their properties and have installed frame-less glass doors on the showers or bathtubs. These are glass doors that have no metal frame around the edges. Guests are cautioned to use care when these types of doors have been installed as they will shatter if nicked on the edges or used improperly. Small children should be supervised at all times when showers or bathtubs are equipped with frame-less glass doors.

Pest Control: Rental properties are treated for pest control by the condominium association or by a contracted pest control company. Royal Shell will make every effort to address pest control concerns, but is not responsible for rebates due to the presence of pests or in the event of untimely service by pest control companies. Sanibel and Captiva are tropical islands and some pests are inherent to the region and climate making them resilient against professional treatment.

Pets:  Pets are not permitted in most rental properties unless specifically authorized. If a rental property accepts a pet, the Guest must notify Golden Ocala Rentals when making the reservation, and a non-refundable "Pet Rent" is applied to the reservation. "Pet Rent" is not used to cover the cost of any additional cleaning. If a pet leaves a mess that requires additional cleaning, the Guest will be charged for any costs to return the rental property to its original condition.  If a guest has a pet in a rental property where it is not allowed, this will cause forfeiture of all payments, the guests will be asked to remove the animal and/or vacate the rental property immediately. The Guest will be charged for any costs to return the rental property to its original condition.

ADA Service Animals: Royal Shell acknowledges the rights of persons with disabilities to retain their service animal while staying in a Vacation Rental. In accordance with the Americans with Disabilities Act for title II and III, Royal Shell will only inquire as to the limited questions allowed when it is not obvious what service an animal provides. A service animal must be under the control of its handler. Under the ADA, service animals must be harnessed, leashed, or tethered, unless the individual's disability prevents using these devices or these devices interfere with the service animal's safe, effective performance of tasks. In that case, the individual must maintain control of the animal through voice, signal, or other adequate controls. Royal Shell does not charge a fee for a Service Animal, a reservation may incur charges for any damages or additional cleaning caused by the Service Animal.

Emotional Support Animals:  Royal Shell does not discriminate to persons with a disability or disability-related need for an emotional support animal. In accordance with Florida Statue 760.27; Royal Shell reserves the right to request reliable information that reasonably supports that the person has a disability. A person with a disability or a disability-related need is liable for any damage done to the premises or another person on the premises by their emotional support animal.

Agency Disclosure: Royal Shell serves as agent and representative of all owners of condominium units and private dwellings in its rental program and is acting at all times in and for the best interest of the owner.

Accuracy of Information: To the best of Royal Shell’s knowledge the information contained on this confirmation and our websites is accurate but not guaranteed. Descriptions, rates and property amenities listed on this confirmation are subject to change without notice. Omissions, additions or errors as well as changes in property bedding, furnishings, equipment, etc., shall not be the responsibility of Royal Shell, owner, or agent. Guests are required to check with Royal Shell about specific items of importance to them.

Guest Satisfaction: This agreement will be construed under Florida law and the sole venue and jurisdiction shall be the Courts of Lee County, Florida. All disputes between Royal Shell and the Guest based on this agreement or its breach will be mediated under the rules of the Florida Bar Association or other mediator agreed upon by the parties prior to filing any civil suit. Mediation is a process in which parties attempt to resolve a dispute by submitting it to an impartial mediator who facilitates the resolution of the dispute but who is not empowered to impose a settlement on the parties. The parties will equally divide the mediation fee, if any. In any litigation based on this Agreement, the prevailing party will be entitled to recover reasonable attorneys’ fees and costs at all levels. By signing this confirmation Guest agrees to work amicably and diligently with Royal Shell in resolving any deficiencies before during and after the guest stay. Prior to any credit card dispute, filing of any online review or regulatory complaint the guest agrees to notify Royal Shell in writing and allow Royal Shell a process of good faith negotiations with management in an effort to allow Royal Shell the opportunity to maintain good customer relationships.

RELEASE; Indemnity: In consideration for the use of the rental property and the other terms and provisions of this confirmation, Guest agrees as follows: (I) Neither Royal Shell nor any of Royal Shell’s agents, officers, directors, shareholders, employees, or other representatives (hereinafter, collectively referred to as the “Royal Shell Parties”) shall at any time be liable or responsible in any way whatsoever for any loss, injury, death, or damage caused or arising in connection with the Guest’s (including members of Guest’s travel party and any visitors or invitees of Guest) use or occupancy of the rental property or any of the amenities, or as a result of acts of god, acts of government or other authorities, wars, civil disturbances, hijacks, thefts, or any circumstance beyond its control; and (ii) Guest with the intention of binding itself, its successors, legal representatives, directors, stockholders and/or assigns, as the case may be, hereby releases and forever discharges each of the Royal Shell Parties, and indemnifies and holds the Royal Shell Parties harmless, from and against any and all liability, damages, actions, causes of action, claims, losses and/or expenses (including but not limited to attorneys’ fees, court costs and expenses) (hereinafter collectively referred to as “Losses”), arising in connection with or based on injury to or death of any person, or damage to property, including the loss of use thereof, caused in whole or in part by Guest or any member of Guest’s travel party, including without limitation visitors or invitees of Guest, regardless of whether or not caused in whole or in part by the negligence of one or more of the Royal Shell Parties; provided, however, this indemnification shall not apply with respect to losses arising directly from the willful misconduct of any one or more of the Royal Shell Parties. In the event of an injury or accident during your stay, notify Royal Shell as soon as possible. 239-472-9111.

Royal Shell reserves the right to amend or change the terms and conditions.

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GRAND TOTAL= {reservations.grand_total}

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Reservation ID: {reservations.id}


 

 

Landmark Vacations Rentals

Other Terms and Conditions

CONFIRMATION: Reservations are not considered confirmed until reviewed by LVR. LVR reserves the right to audit, adjust, or cancel any confirmed reservation for inaccuracy or misquoted information at no penalty to LVR or you, the renter.  All payment and cancellation policies are placed in effect at that time. No rental property request is guaranteed. Any difference in rate is subject to guest approval.

PAYMENTS: Initial deposit of 30%, including applicable sales taxes and non-refundable administrative fees, is due upon receipt of reservation confirmation. Final payment is due 30 days prior to arrival date. Final payment may be made via credit card or personal check. Checks should be made payable to Landmark Vacation Rentals.  Any final payment that is not received by the due date may result in cancellation of the reservation. Final payment will automatically be charged to the credit card on file 30 days prior to arrival. Checks returned as NSF or because the drawer does not have an account at that bank will incur a $35.00 processing fee and is subject to cancellation for nonpayment.  Reservations made less than 30 days prior to arrival must be paid in full at time of confirmation.  Reservations made less than 21 days prior to arrival must be paid in full by credit card. A property shall not be considered confirmed until the deposit and/or full payment is received by LVR.  Properties without deposits may be cancelled due to nonpayment at any time. 

ARRIVAL: Early check-in requests will be considered but cannot be guaranteed. In some cases, check-in may be delayed due to circumstances beyond our control. Please note that keys will only be given to Tenant listed on the confirmation unless Tenant informs LVR in writing that a representative can pick up keys.  Upon arrival, do not set air conditioning thermostats below 68 degrees or heating thermostats above 72 degrees – Doing so can cause the system to freeze and stop working. All entry doors and windows should remain closed while heat/air is on to allow the systems to work properly. Once the refrigerator is loaded with groceries, it can take up to 24 hours for the temperature to balance.

DEPARTURE:   Late check-outs will be considered but cannot be guaranteed. If a late check-out is granted, the time will be extended to 12:00 Noon. Any guest that does not have an approved late check-out and fails to depart by 10:00 AM will be assessed a late check-out fee of $100.00 per hour. Tenant is responsible for leaving the unit undamaged and in reasonably clean condition. May – September, AC should be set to 75. October – April, heat should be set to 60. Please load and start the dishwasher prior to departure. Tenant should secure all windows and doors upon departure.  Keys must be turned in at an LVR office. Failure to return keys could result in a $20.00 charge to the Tenant’s credit card on file.

WHAT IS PROVIDED: Provided in all units – bed linens, bathroom towels, kitchen towels, and a starter supply of paper towels, toilet paper, trash bags, dishwashing soap, hand soap, and laundry soap.

TRAVEL PROTECTION Travel protection has been made available with your reservation. The Plan includes coverage for the loss of your prepaid, non-refundable trip costs if your trip is canceled or interrupted due to certain unforeseeable events. We offer travel protection as a way for you to help protect yourself and your trip investment. Outstanding reservation costs are not eligible for reimbursement at the time of cancellation and the cost of the Plan is not eligible for a full refund outside of the Plan’s free look period. Terms and conditions apply; please read your Plan documents carefully and contact Generali Global Assistance with coverage questions.

View complete Plan Details

The plan cost includes the travel insurance premium and assistance services fee. Travel insurance coverages are underwritten by: Generali U.S. Branch, New York, NY; NAIC # 11231, for the operating name used in certain states, and other important information about the Travel Insurance & Assistance Services Plan, please see important disclosures at Important Disclosures.

CANCELLATIONS: All cancellations are subject to a $150 administrative fee. Reservations can be cancelled with no additional charges within 24 hours of initial confirmation. Please contact LVR as soon as possible in the event you must cancel. All cancellations must be received in writing by LVR. Tenant is not entitled to a refund for early departure. Cancellation policies vary by property. The cancellation policy applicable to your reservation is the policy listed in Item 11 in your booking confirmation. All cancellation refunds will be issued in accordance with the original method of payment, less the aforementioned fees and will be processed no later than 6-8 weeks after the date of cancellation.

RATE ADJUSTMENTS: Tenant shall not be entitled to any rate adjustment or refund due to delay in check-in, early check-out, or damage to guests’ belongings for any reason including mechanical malfunctions and disruption of utility services, including cable or satellite TV, and internet.  There will be no refunds due to unfavorable weather or any acts of nature. Each Tenant is urged to opt for Travel Protection to cover potential financial loss. 

PROPERTY DAMAGE: Vacation Rental Tenants are responsible for damages, defacement, or removal of any property inside the rental unit that occurs during their occupancy. You have the option to choose either a $500 refundable security deposit or purchase a Vacation Rental Damage Protection Plan.

Vacation Rental Damage Protection (G-10VRD): As a part of your stay, you may purchase a Vacation Rental Damage Protection plan designed to cover unintentional damages to the rental unit interior that occur during your stay provided they are disclosed to management prior to check-out. If purchased, the policy will pay a maximum benefit of $3,000.00. Any damages that exceed $3,000.00 or are not covered under the plan will be charged to the credit card on file. If, during your stay at one of our rental properties, an insured person causes any damage to real or personal property of the unit as a result of inadvertent acts or omissions, the Insurer will reimburse the Insured for the cost of repair or the actual cash value of such property up to a maximum benefit of $3,000.00. Certain terms and conditions apply. Full details of the Vacation Rental Damage coverage are contained in the Plan documents here: www.csatravelprotection.com/certpolicy.do?product=g-10vrd]. The Vacation Rental Damage can be purchased up to, and including at, check-in. By submitting payment for this plan, you authorize and request Customized Services Administrators, Inc. d/b/a Generali Global Assistance & Insurance Services to pay directly Landmark Vacation Rentals any amount payable under the terms and conditions of the Vacation Rental Damage. Please contact Landmark Vacation Rentals directly if you do not wish to participate in this assignment.

View complete Plan Details

The plan cost includes the insurance premium and assistance services fee. Insurance coverages are underwritten by: Generali U.S. Branch, New York, NY; NAIC # 11231, for the operating name used in certain states, and other important information about the Travel Insurance & Assistance Services Plan, please see important disclosures at Important Disclosures.

If selecting the $500 refundable security deposit, the refundable security deposit will be administered subject to the NC Tenant Security Deposit Act. Any damages that exceed $500 will be charged to the Tenant’s credit card on file. The refundable damage deposit will be returned to Tenant, per the original method of payment, within two weeks of departure date.  The Properties are carefully inspected before and after each Tenant’s departure.  Collection costs and reasonable attorney fees, if necessary, will be the responsibility of the Tenant per Article 42 of the NC G.S. Act. 

ACCOMMODATIONS:  Each property is privately owned and furnished, equipped for housekeeping and decorated by the Owner.  LVR does not accept liability for aesthetic or functional perception of the Property’s content provided by the Owner, including furniture, appliances, equipment, style, and color and no rate adjustment can be made for such. 

SUBSTITUTION OF ACCOMMODATIONS: Landmark Vacation Rentals reserves the right to move, relocate, reassign, or change the rental property noted on the confirmation for unforeseen circumstances. LVR will make every effort to re-book the guest in a comparable or upgraded rental property. Under no circumstances does this confirmation guarantee the rental property selection. If a guest does not wish to relocate or accept the alternative accommodation LVR will issue a full refund, or proration, if during occupancy an event makes the property unavailable. Under no circumstances will LVR be liable for any other charges incurred for property moves or cancellations. Substitutions of accommodations cannot be made to due accommodation décor.

OCCUPANCY: Maximum number of occupants allowed in each unit is indicated in the property description.  The maximum occupancy for your stay is the number of guests confirmed in your reservation. Overcrowding or misrepresentation is grounds for immediate eviction without refund pursuant to the North Carolina Vacation Rental Act.

MAINTENANCE AND REPAIRS: All maintenance and repairs should be reported to LVR immediately.  If repairs to appliances and other systems in the unit are necessary, they will be made as expeditiously as possible.  No rent adjustments can be made for circumstances beyond our control or for malfunction or loss of use of equipment or amenities.  LVR reserves the right to enter premises to perform repairs, maintenance, etc.  Should a technician make a call to a rental property and find the equipment is not working due to guest misuse, oversight, or neglect, the fee for the service will be charged to the guest.

TELEPHONES: Some rental properties provide local and long-distance telephone service.  If the Property does not provide unlimited long-distance service, any fees incurred will be charged to the Tenant’s credit card on file or withheld from Tenant’s security deposit with a $10.00 service charge.  Not all accommodations have a landline telephone. Cell service can be spotty across the plateau.

TV USAGE:  Television station availability will be dependent upon basic level of service established by Owner in the case of satellite or cable providers, as well as content.  Pay-per-view selections will be charged to the Tenant’s credit card on file or withheld from Tenant’s security deposit.  No adjustments for TV service levels will be made.    

PETS: No pets are allowed unless specifically authorized and permitted on the Property.  The only allowable pets are dogs. This also applies to guests of Tenant.  If you are reserving a pet-friendly unit, a non-refundable pet fee is applied to your reservation. If you are staying in a pet-friendly home and not bringing a pet, please contact LVR and the pet fee can be removed from your reservation. Violation of pet policy is grounds for immediate eviction without refund, pursuant to the North Carolina Vacation Rental Act. A fee of $500 per pet will be charged for bringing an unapproved, unauthorized pet(s).Tenant is fully responsible for cleaning up pet waste and any and all charges to restore the property back to its original condition for damage to the property by permitted or unpermitted pets, including but not limited to the cost of replacing any damaged carpet, furnishings, screens or outdoor areas.

ADA SERVICE ANIMALS: With regards to ADA compliant service animals, it should be noted that vacations rentals are considered private property and are exempt from the same rules and regulations that commercial properties must follow with regards to ADA compliant service animals. With that being said, we understand the difficulties of those with special needs when it comes to travel, and we will make every effort to accommodate you and your service animal, or refer you to other properties, agencies, or services who may be able to assist you in the unlikely event we cannot. Emotional support animals, comfort animals, and therapy dogs are not service animals under Title II and Title III of the ADA. Other species of animals, whether wild or domestic, trained or untrained, are not considered service animals. If you plan to travel with a comfort animal, we will make every reasonable effort during the normal course of business to pair you with a property where your animal is accommodated, and a non-refundable fee will be charged to your reservation. This fee is not a security deposit and the guest will be charged for any costs with regard to returning the rental property to its original condition.

NO SMOKING: All LVR Properties are designated as Non-Smoking.  Smoking is permitted outside only where permitted.  Some areas may not be suitable for smoking due to ventilation and proximity of nearby properties.  Violation of the "No Smoking” policy is grounds for immediate eviction without refund, pursuant to the North Carolina Vacation Rental Act. An additional cleaning fee of $300 will be charged, and any charges to restore the Property back to its original condition will be charged to the Tenant’s credit card on file. 

LAKEFRONT PROPERTIES: Owners, Agents and LVR are not responsible for any changes in water levels, water quality or water conditions.

QUIET USE AND ENJOYMENT: LVR does not guarantee quiet use and/or enjoyment of Property including but not limited to noise from other persons, neighboring properties, construction, and maintenance.  LVR cannot grant rate adjustments resulting from circumstances outside of the rental property. 

HOUSE PARTIES: LVR does not allow house parties in any rental property.  Guests are not allowed to organize graduations, proms, gatherings, reunions, weddings, receptions, student groups or any other function similar in nature and could result in Tenant eviction.  LVR does offer rental properties that will allow family reunions, weddings, or receptions. All such events must be approved in writing in advance and there will be an additional charge and/or security agreement assessed.

GUEST BEHAVIOR: By electronic signature, the undersigned is responsible for the behavior of all members of the party/group during the term of the stay. Behavior should not be excessive, noisy, disruptive, and should be consistent with the rules and regulations of the association (if any). Offensive or illegal behavior will not be tolerated, and no refunds or compensation will be given in these circumstances, and we reserve the right to decline future reservations.

RESERVATIONS MADE BY OTHERS: All reservations made by owners, outside travel agents and/or reservation services are subject to rules and policies of LVR.  LVR is not responsible for inaccurate or misleading representations presented by the Owner or outside travel agents.  Guests will be required to resolve any discrepancies directly with the Owner of the Property or the Tenant’s travel or booking agent.

ASSOCIATION RULES: All reservations are confirmed with the understanding the Tenant and all of the Tenant’s guests will abide by the rules and regulations prescribed by Owners, condominium, homeowner and master associations as required for each rental property and its amenities.

ACTS OF NATURE: LVR and/or Owner cannot be held liable for any acts of nature or occurrences beyond our control.  No rate adjustments will be made.

PARKING: Motor homes, boat trailers, watercraft, travel trailers, jet skis, etc. may not be allowed at the rental properties.  Tenant is responsible for finding out about parking and/or restrictions prior to arrival.  Please ask about local storage of such vehicles and equipment prior to arrival.

POOLS AND HOT TUBS: The rental property Owner or rental property association control pool and hot tub temperatures.  LVR is not responsible for pool or spa temperatures, closures or malfunctions. No credit, discount and/or rate adjustments can be granted for items mentioned above or circumstances beyond our control.  There will be days when the weather conditions will not allow pool heaters to accommodate swimming and temperature recovery times will vary.  Use of pools and hot tubs is the sole discretion of Tenant. LVR and/or Owner are not responsible for Tenant and Tenant’s guest use of pools or hot tubs. 

AMENITIES: Amenities vary at each rental property.  Please contact LVR for specific needs you may have regarding rental property amenities. LVR is not liable for malfunction or closure of rental property amenities and no credits and/or discounts can be granted for circumstances beyond our control.

AGENCY DISCLOSURE: LVR serves as agent and representative of all Owners of condominium units and private dwellings in its rental program and is acting at all times in and for the best interest of the Owner.

PEST CONTROL and WILD ANIMALS: Rental properties are treated for pest control by the condominium association or by a contracted pest control company.  Western North Carolina has abundant wildlife including but not limited to bears, turkey, deer, snakes.  LVR will make every effort to address pest control concerns but is not responsible for rebates due to the presence of pests, wild animals, or in the event of untimely service by pest control companies. Garbage must be properly bagged and stowed to ward away animals searching for food. Tenant may be responsible for any damage and/or clean up associated with improper procedures.

ACCURACY OF INFORMATION: To the best of LVR’s knowledge, the information contained on the confirmation, terms and conditions, along with our website and advertising is deemed accurate, but not guaranteed.  Descriptions, rates and property amenities listed on the confirmation are subject to change without notice.  Omissions, additions or errors as well as changes in property bedding, furnishings, equipment, etc., shall not be the responsibility of LVR or Owner.  Tenant should contact LVR about specific items of importance to them.

CLEANLINESS: The property is professionally cleaned after each guest departure. If the home does not meet your expectations upon arrival, please contact LVR within 24 hours. You are expected to treat the rental home with respect, keeping in mind that this is someone’s privately-owned home. You are expected to leave the rental in a clean, neat, and orderly fashion. If excessive cleaning is necessary after your departure, an additional cleaning fee will be charged to the Tenant’s credit card on file or withheld from security deposit. LVR reserves the right to decline future reservations.

HOUSEKEEPING/SPECIAL REQUESTS:  Linens and bath towels are included in each rental property and have been inventoried prior to Tenant arrival.  LVR cannot guarantee Property will supply additional items such as beach towels.  The Property is cleaned upon Tenant departure but does not include housekeeping or linen services during your stay.  Housekeeping service and/or linen services may be arranged with a minimum of 48-hour notice for an additional charge.  Other guest convenience items are offered at an additional charge and can be arranged prior to guest arrival.  Preferences will be noted but not guaranteed. 

GARBAGE: Specific instructions for your reservation can be found with your check-in package. For your safety and the safety of wild animals, it is imperative that garbage be properly bagged and placed in receptacles the morning of trash collection. Excessive garbage, defined as more than one bag per confirmed guest, will result in an additional trash collection charge of $50 to the Tenant’s credit card on file or withheld from security deposit.

UNITS FOR SALE: In the event that the rental property you confirm is listed for sale, we may request access to show the property during a guest’s stay. By acceptance of this confirmation guest agrees to allow access at an arranged time so that the unit may be shown. In the event the rental property is no longer available due to sale, LVR will make every effort to re-book the guest in a comparable rental property, subject to availability. Upgraded properties will be considered but additional charges may be incurred. If guest does not wish to relocate or accept the alternative accommodation provided, LVR will issue a full refund.

LIMITATIONS OF REMEDIES, DAMAGES AND INDEMNITY

If Agent/Owner is forced to resort to employment of legal counsel, litigation or professional collection services in the collection of any amounts due LVR/Owner under this Agreement, Tenant shall be responsible for all costs of litigation and collection including, but not limited to, reasonable attorney‘s fees if LVR/Owner prevails in said legal action.  In the event of any litigation or other dispute resolution, the parties agree that jurisdiction shall reside exclusively in respective county where Property is located. 

Every effort is made to ensure all information in LVR’s advertising is accurate and complete.  However, LVR cannot be held responsible for typographical errors, omissions, price changes, and other changes made by owners within the units.

In accordance with the National Association Realtors Standards of Practice and Code of Ethics, it is hereby disclosed that Landmark Vacation Rentals has contractual relationships with the Owners.  This contractual relationship employs Landmark Vacation Rentals to act as the Agent of the Owner and treat all parties (Tenants and Owners) honestly, fairly, and in good faith.  Units may or may not be owned by a Real Estate Licensee.

Landmark Vacation Rentals acts only as a sales agent for the Guest Protect Plan (Trip Cancellation and Interruption Coverage) administered by CSA.  For questions regarding this plan call CSA at 866-999-04018, Group Plan Code 330CSA.  Landmark Vacation Rentals receives compensation by selling this Plan.

Notwithstanding any other assurance to the contrary, this lease is not binding or effective until signed by Tenant and Landmark Vacation Rentals, and advanced rent payments (reservation deposit and sales tax) is received by LVR.

Tenant is responsible for abiding by all rules, regulations, and instructions in the Lease Agreement and/or posted in the units.  An officer of Landmark Vacation Rentals must approve any exceptions to the above-mentioned rules, regulations and instructions in writing in advance.

If at the time tenant is to begin occupancy of the property, Landmark Vacation Rentals or Owner cannot provide the premises in a fit and habitable condition, or occupancy is unavailable for some unavoidable reason, Landmark Vacation Rentals will make all efforts to substitute a reasonably comparable property for occupancy.  In the event that Landmark Vacation Rentals is unable to do so, tenants exclusive remedy shall be a refund to tenant of all payments made.  Tenant expressly acknowledges that in no event shall Landmark Vacation Rentals or Owner be held liable for any consequential or secondary damages, including but not limited to, any expenses incurred as a result of travel, costs of re-renting, etc.  Tenant must submit any complaint regarding accommodation to Landmark Vacation Rentals, in writing, prior to checkout for consideration by Owner.  The Tenant agrees to release, indemnify, and hold harmless the Owner and Landmark Vacation Rentals.  This indemnification includes any and all costs and expenses, which may accrue to Owner or Landmark Vacation Rentals including reasonable attorney fees.