RENTAL AGREEMENT - General Terms and Conditions

RESERVATION:

Thirty percent (30%) of base rental amount is required at time of reservation plus a non-refundable reservation fee of $35.00.  A valid credit card will be required for online or phone reservations.  A tentative reservation can be placed without prepaid rent to place the property on hold for up to 7 days but will not be binding unless 30% of advance rent is received within 7 business days of placement. A Tentative Reservation will also be void if another Reservation comes in for the same time frame and property having immediate rental monies. A valid credit card number is required so that the Owner can reasonably recover cost of damages incurred accidentally or willfully by Guest(s) if not covered by the damage waiver.  Please read information regarding damage waiver in detail. Payment of a reservation may be paid by personal check, money order, cashier's check, VISA, MasterCard, or Discover. Checks should be made payable to ACP Real Estate, Inc. The final payment is required to be paid before entrance on the Property. Any check returned by the bank for whatever reason will be charged a $50.00 statutory fee and possible cancellation of Reservation and all rights and privileges hereunder. Meeting the satisfactory standards listed on the check-in/check-out packet will help ensure you will not be charged for any excess damage costs. Late check-outs are not permitted during peak season. During off-season, late checkouts may be considered but must be approved in advance.

DAMAGE WAIVER FEE, DAMAGES AND MISSING ITEMS:

A $50 nonrefundable Damage Waiver Fee is required for all reservations. Manager requires a valid Visa, Master Card or Discover Card number on file in addition to the $50 Damage Waiver Fee. The Damage Waiver Fee is a nonrefundable Fee that relieves Guests of the cost for unintentional and incidental damage to the Rental Property and its contents, not to exceed the amount of coverage (up to $500.00 of unintentional damage). The Damage Waiver Fee does not cover intentional damage, theft, unauthorized entry into the owner's supply closet, unauthorized pets, extensive cleaning required at check-out, smoking, exceeding occupancy limits or parking limits, and any other charges/polices in Manager's Rental Policies and Rental Agreement including any fines imposed on Manager by the City, County, State or Home Owner Association as the result of violation of any law, ordinance, rule or regulation or any fines or costs levied against Guest or visitors of Guest (Excess Damage Costs). Guest will be notified of any Excess Damage Costs in writing. Any Excess Damage Costs will also be charged immediately to the Guest's credit card. Guest, by signing below, assumes full responsibility for any items found to be missing and any damage due to misuse, negligence or action on Guest's or Guest's visitors part, except in the case of normal wear-and-tear reported to Manager reported to Manager within 48 hours of Check-in.

PAYMENTS:

Carefully read and sign the attached contract. If you have secured the rental property with prepaid rent and the reservation fee, then it is understood between both parties that you accept the rental terms and conditions as stated in this contract.  Another advance payment    (30% of the base rent) is due at least 30 days before your arrival date. A receipt of payment will be sent to leaseholder/guest when payment and a signed contract are received by ACP Real Estate, Inc. Balance is due at check-in and will include remainder of rent, lodging tax of11%, and other charges including Pet fee, Housekeeping fee and Damage Waiver.

CANCELLATIONS:

If you must cancel or change dates, please telephone, mail, fax or e-mail our office as soon as possible (1-866-861-3311, fax 251-861-3366 or Rentals@ACPinfo.com). A greater than 30-day cancellation notice is required to receive a full refund excluding the non-refundable reservation fee. Cancellations made within 30 days before your arrival date, a minimum of 30% rent and reservation fee are forfeited. If medical or bereavement conditions require cancellation, all cancellation fees will be waived if property is re-rented for the same period. If re-rental is partial, refund will be prorated accordingly. ACP Real Estate will need written evidence of medical or bereavement condition.

ACCOMMODATIONS:

Our rental properties are privately owned and reflect the tastes of its owner(s); therefore, please do not rearrange the furniture. Properties are furnished with linens, grill, coffeemaker, color television, dishwasher, ice maker/ice trays, microwave, pillows & blankets, telephone, toaster, VCR and washer/dryer. Only initial paper goods are furnished. Every effort is made to assure accurate descriptions with no misrepresentation intended. Substitutions and refunds will not be made upon arrival for any reason.

REPAIRS/RIGHT OF ENTRY/REFUNDS:

Report all inoperative and/or missing equipment to ACP Rental Manager immediately as service must be scheduled and may require ordering parts. Problems will be corrected as soon as humanly possible. Priority is given to air conditioners/heat, refrigeration, plumbing, water or electrical problems. To accomplish repairs, Agent or authorized employee, repairman and landlord will have right of entry. No refunds are issued for damage to Guest's belongings due to malfunctioning equipment/appliances, mechanical failures of appliances and electronics, interruption/loss of utilities (including cable), or inclement weather. If there is an impending hurricane, in which Dauphin Island is in its path, and expected land fall is within 2 days, guests are charged for the days spent on the island.

GUEST OBLIGATIONS:

(a) Reasonable and orderly conduct by all tenants in the leased residence with respect given to the terms of this lease, the property, the law and the neighbors;

(b) Guest(s) is/are responsible for damages as outlined under Reservation & Damage Waiver;

(c) Guest(s) agree(s) to indemnify and save Agency and its employees free and harmless from any liabilities for any loss or damage whatsoever arising from related to, or in connection with rental of the premises, including but not limited to any claim or liability for personal injury or damage or loss of property which is made, incurred or sustained by Guest or guests of Guest except only such personal injury caused by the negligent or intentional acts of the Owner or his Agent. Should any of the terms of this agreement be breached by tenant resulting in legal action on the part of the Agent against Guest(s) and Agent prevails in court or a settlement is reached, Agent shall be entitled to collect from Tenant all costs or said legal action including, but not limited to, attorney's fees.

NON-AVAILABILITY:

Should the home confirmed by Guest(s) become unavailable for any reason, including sale of property prior to check-in date, ACP will inform Guest(s) when non-availability is absolutely certain. Every attempt to relocate Guest(s) to a comparable home will be made unless Guest requests a full refund in which case all monies will be immediately refunded. Guest is responsible to pay any rental amount on an acceptable substitute rental home that exceeds the original reservation amount.

OCCUPANCY:

The lease period begins at check-in, which is no sooner than 3:00 PM on arrival date and ends at 10:00AM on departure date. Rentals are restricted to the specific number of occupants as described/advertised for each property. ALL RENTALS ARE TO FAMILY GROUPS AND RESPONSIBLE ADULTS ONLY. ACP will not rent to anyone under 25 (legal photo ID required upon request) and leaseholder must be in occupancy of said unit during the entire lease period. Occasions such as Weddings, Receptions or "Parties" which increase the stated occupancy (even for a few hours) must be requested IN WRITING and approved by ACP and Owner prior to the execution of a lease. If the rental unit is a condo and offers swimming pools, guest cannot invite additional guests to come and utilize the facilities during the guest's stay. Failure to fully disclose such occasions is cause for immediate cancellation of lease with forfeiture of all funds. Rental rate and deposit are subject to increase at owner and agent discretion. Agent reserves the right to deny occupancy, evict and refuse refund to anyone at any time that appears to be detrimental to the property or violates policies outlined herein.

TELEPHONE:

Local calls from leased premises are free; however, long distance calls must be made with credit card or a long distance calling card. Unauthorized long distance charges via phone, fax or computer entail cost of charges plus $20.00 fee each.

LOST AND FOUND:

Check thoroughly for your belongings before departure. ACP is not responsible for personal items left in the unit. We hold recovered items for 10 days only and return (only upon request) C.O.D. plus a $15.00 minimum fee. Firearms/weapons cannot be returned by mail, we will release to local law enforcement for appropriate actions.

AMENITIES:

Neighborhoods and Condo Complexes with pools have specific rules and regulations. ACP will not be held responsible for any amenities, which are closed for reasons out of our control such as maintenance or inoperable conditions. Use amenities at your own risk. Report all problems to ACP. Shower before using the amenities; no glass containers allowed around pool area; no alcohol use or beverages consumed while in the pool. Unsanitary condition(s) resulting from guest's use requiring water replacement, shock treatment, etc, is at the guest's expense for time to render amenity usable.

KEYS:

Guest(s) is/are responsible for the safe security and return of unit keys. Guest will be charged a $65.00 re-keying charge for any lost key. Re-keying is for property security.

PETS:

Dogs and/or any other type of pets are not permitted in any ACP rental properties, unless otherwise specified. Additional rules/restrictions apply. A $100.00 non-refundable fee per pet is applied to each reservation to cover extermination. Pet(s) in or on the premises of non-pet homes is/are a non-negotiable breach of lease with ground for immediate eviction without refund and without exception. Your visitors may not bring pets to the premises. No puppies allowed; only domestic, housebroken non-destructive adult pets shall be considered for properties that allow pets. Dauphin Island Ordinances require dogs to be leashed at all time.

CLEANING/CONDITION OF PROPERTY:

When possible, a walk-through will be conducted with tenant during or shortly after check-in to review conditions of the property as well as a check-out walk through. If this procedure cannot be done, Guest will be notified in writing, email, and/or telephone within 3 business days if any damage was found to Property. Due to a need to professionally clean the Property, Check-in and Check-out times must be strictly enforced, especially during peak season. It is the responsibility of the Guest to leave the Property in a reasonably clean condition and to remove all Guest's property (and trash) upon Departure. During stay, Guest agrees to bag and remove to designated pick-up area all garbage during posted trash collection dates. It is imperative that the Guest place the trash can and/or bags at the curb the night prior to the designated collection day and to retrieve the trash can after trash pick-up and prior to the end of the collection day if continuing in the rental unit. Prior to Departure, Guest shall clean all dishes (or run the dishwasher prior to leaving), broom and/or light vacuum floors, bag and remove the trash from Property to outside, and start at least one load of linens and towels. If Manager's cleaning service is required to spend more than five (5) hours cleaning the Property or if a trip to the dump is required to haul away excess trash, an additional fee will be charged at $50.00 per hour beyond the five (5) hours (plus Dump Fees), and will be charged against the credit card on file. Guest is responsible to ensure the grill is clean and ready to use for the next renter. Should the guest violate this rule, the deposit may be forfeited in its entirety.

PARKING:

Parking is limited to available space at each home or condo. Autos must remain on paved, concrete, gravel or shell surfaces. Do not park on grass or in sand. No parking on streets.

NOISE ORDINANCE:

Dauphin Island has a "noise ordinance" in effect after dark. All Guests agree to respect the Noise Ordinance and to use common sense in keeping noise volume low after dark. Any police enforcement actions by the City, County or Home/Condominium Association are at the sole risk and expense of the registered Guest and may result in Excess Damage Cost and/or immediate eviction and forfeiture of all amounts paid. Guest is to be mindful that this Property is located in a residential neighborhood or residential condominium. Guest is expected to be courteous to residents and guests, to be respectful of the rights of others, and to not be noisy.

SMOKING:

Smoking is strictly forbidden inside the Property. Smoking is only allowed "outside". Evidence of smoking inside the Property will result in immediate eviction and forfeiture of all amounts paid and will result in additional Cleaning Fee to Guest as Excess Damage Cost and will be charged against the credit card on file.

LIABILITY AND DAMAGE:

Guest agrees to defend, indemnify and hold Manager harmless from any and all liability, claims, loss, property damage or expenses, arising by reason of any injury, death or damage sustained by any person, or to the property of any person, in or on the Property during the Term of this agreement, including Guest, additional invitees or visitors of Guest, where such injury, death or damage is caused by a negligent or intentional act of Guest, additional guest or any of Guest's visitors or invitees.

FALSIFIED RESERVATIONS:

Any reservation obtained under false pretense will be subject to forfeiture of Reservation Deposit and Final Balance, if paid, and such party will not be permitted to check in and/or will be subject to immediate eviction with the forfeiture of amounts paid.