Roberts Brothers and ACP Vacation Rentals Guest Rental Terms, Conditions and Policies
Full Name:
Property Name:
Roberts Brothers Inc. Guest Rental Terms & Conditions and Policies:
Terms and Conditions of Occupancy Agreement, (hereafter called “Agreement’) Roberts Brothers, Inc. also known as Roberts Brothers Vacation Rentals and ACP Vacation Rentals (hereafter called “RBI” or “Manager”) and Signer, (hereafter called “Guest.” “Guest” includes signer, all guests of signer, and any other rental property occupants or visitors.) This contract is an agreement between the Guest and Roberts Brothers, Inc. who is acting as the owner’s representative for referenced rental property. All policies set forth in this agreement are effective at the time of booking and are agreed upon between the Guest and Roberts Brothers, Inc and are fully binding after the reservation is made or upon entrance into the property. Additionally, entrance into the property constitutes full acceptance of all terms of this agreement between Owner and/or RBI as the Owners representative and Guest.
Rental Rate and Fees
An initial reservation payment of 50% is required when your reservation is made and applies to your rent unless you are mailing a check and then the entire amount is due. The remainder of your balance is due 30 days prior to your arrival (45 days prior on monthly reservations). Your initial payment will reserve the property. We strongly recommend obtaining the optional Travel Insurance shown in your quote for consideration. If you make a partial payment to hold the dates, the balance is due (payment in full) 30 days prior to arrival. We accept Visa, Mastercard, Discover American Express and Checks. Checks must be submitted 30 days prior to stay and will not be accepted at check in. Refunds for early check out and late arrivals will not be given. Final reservation payments will be charged to the card on file. Guest waives their right to any credit card charge credits due to no shows, cancellations, or any other reason. Failure to pay balance by the due date will result in loss of your reservation and forfeiture of the initial reservation payment of 50%. Reservations made under a false pretense will result in forfeiture of all rental payments and fees, as well as cancellation of reservation. By making your initial payment you are agreeing to the terms outlined here. Access instructions will be sent about 24 hours prior to arrival and will contain the access code or lock box code. For any questions pertaining to your reservation, please use the contact information at the bottom of the email with access instructions.
Manager’s Responsibility
Manager agrees to provide unit in a clean and sanitary condition on arrival of the renter. Renter accepts property as is, and as shown on our website (changes in decor, bedding, furnishings may change without notice.) Upon arrival, please inspect property and notify owner of any problems. Please photograph and report any housekeeping issues as soon as possible after arrival so that RBI can promptly address. Renter agrees to give owner and RBI a reasonable amount of time to correct the issues that renter finds on arrival or during stay at property. Housekeeping refunds or adjustments will not be given for unit cleaning issues unless they are not corrected after RBI has been notified and given an opportunity to remedy.
Cancellations
Bookings canceled at least 60 days before the start of the stay will receive refund of full reservation amount collected minus the admin or reservation fee and any travel insurance fees which have been collected. Bookings canceled at least 30 days before the start of the stay will receive a 50% refund. Monthly rentals will receive no refunds if cancelling inside the 60-day rental period. Guest is responsible for reviewing the confirmation, the terms and conditions and notifying RBI of any errors within 24 hours of e-mail receipt!
Refunds
Refunds will be given if outside of the cancellations day policy as listed above. Refunds do not include admin or reservation fee or trip insurance fee.
Check-In
Check-in is after 4:00pm. Early check-in may be available with at least 48 hours’ notice and may require an additional fee. While we make every effort to have the unit ready by 4pm, certain circumstances beyond our control may prevent this, however NO discounts or refunds will be given.
Check-Out
Check-out is at 10:00am. Late checkouts are not possible as the cleaning service must thoroughly clean the unit for the next party. Please throw away all food and lock the doors behind you. Please use the Breezeway automatic check-out if you depart early. Any late departures (after 10am central time) will be subject to a charge of an additional day, which Guest acknowledges and authorizes to be 2 automatically charged to the credit card on file. 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. Guest agrees to explicitly follow the Departure Check List.
Security Damage Fee or Refundable Damage Deposit
We inspect each property before or after all guest stays. Please notify us immediately if you find that something is broken or damaged upon your arrival. If furniture is moved, you will incur a charge to move it back. If a property damage fee is collected it provides you with coverage for unintentional damage to the rental property during the term of your stay, provided that damages are disclosed to the Manager, prior to checkout. Damage Protection Plan is NOT TRAVEL INSURANCE and does not cover any extra cleaning charges if excessively dirty Any damage to the unit which is more than the amount covered by the plan, is not covered by the plan, or is deemed by Owner/ Manager as intentional, non-accidental or a result of negligence/ carelessness, these damages and cost are the responsibility of the Guest. By accepting this rental, you authorize Roberts Brothers, Inc. to charge additional costs relating to damages to the credit card on file. If no credit card is on file, additional damages will need to be paid by the Guest to the Manager within 7 days of the end of your stay.
Cleaning
A departure cleaning fee is required and will be paid by the guest for the rental property and will cover all normal cleaning. Your cleaning fee covers sanitation of the bathrooms and kitchen, vacuuming, dusting, mopping, stripping the beds and 4+ hours of laundry. It does not include gathering of trash around the home, cleaning unusual messes or cleaning of dirty dishes. The cleaning fee is required for all rentals to include daily weekly and monthly rentals. If on arrival you have any housekeeping problems, please report the problem to RBI immediately so that we can remedy. To reach us please text or call the number in the Welcome instructions. All fees subject to sales tax and no discounts will be given due to housekeeping. Leave the unit as you found it except for the sheets which you may leave on the bed for housekeeping to change. Follow checkout procedure found in the unit (take out garbage and place the dishes in the dishwasher prior to departure). Failure to follow the checkout procedure may result in a bill for extra cleaning.
Travel Insurance
Travel insurance is offered to help protect your vacation investment. Coverage is available through Generali Global Assistance and can be reviewed on our website. While travel insurance is strongly recommended, it is optional and can be declined. Travel insurance covers the rent and reservation fee paid for the home or condo you reserved. It does not reimburse for the insurance premium. Travel insurance premiums are non-taxable, non-refundable, and are due with the INITIAL reservation payment. Please note, that NO refunds will be given within the 30-day window without purchase of Travel Insurance. The travel insurance covers injury, mandatory hurricane evacuations, sickness, armed services revocation, involuntary termination of employment, death or other specific reasons listed in the policy/ description of coverage.
Service Calls & Lockouts
Service calls made necessary by actions of Guests/ Visitors shall be solely at Guest expense and will be charged to the credit card on file. This is not limited to: lockouts, clogging toilets, not leaving a key in the lockbox, or otherwise not accommodating unit access during scheduled times. Any such service calls will result in a minimum $100 service call fee, higher for after hours or weekend calls.
Unit For Sale
If the unit is for sale, it may need to be shown by a licensed real estate agent during your stay. Renters will be notified by Manager 12 hours in advance if agent is showing. Showing will occur at Guest convenience. If unit is sold prior to your scheduled arrival date, the Guest will either be transferred to new Owner if they are willing to rent the unit or Manager will move Guest to a comparable unit or a refund will be given if payments have been made.
Keys
You will enter the unit using a code on the door or keys that are provided at check-in. Door and lock box codes will be provided to you about 24 hours prior to your arrival. Guest(s) is/are responsible for the safe security and return of unit keys should they be provided. Guest will be charged a minimum fee of $100.00 re-keying charge for any lost key. Re-keying is for property security.
Furnishings and Linens
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 or ice trays, microwave, pillows & blankets, toaster, and washer/dryer. Only initial paper goods are furnished. We do not permit towels, sheets, blankets, or furniture to be removed from the dwelling. Every effort is made to assure accurate descriptions with no misrepresentation intended. Substitutions and refunds will not be made upon arrival for any reason. Please let us know immediately if something is not working so we can rectify the problem quickly. Refunds will not be given for appliance or equipment malfunction. Alabama and City Fire Codes prevent the use of charcoal grills on balconies. No candles are allowed in unit. No deep frying in the unit at ANY time. PLEASE BRING YOUR OWN BEACH TOWELS. Most Owners choose to have a locked closet for their personal possessions. These closets are private and are not to be opened by tenants or guests under any circumstances.
Pets
Pets are not allowed in any units unless otherwise noted on the reservation’s page and the Pet Addendum “B” is included in this contract. Pet(s) in or on the premises of non-pet homes is/are a nonnegotiable breach of lease with grounds 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.
Property Change
We reserve the right to change your unit without notice or liability if the unit you have booked is not ready or habitable for guest as determined by Manager or if the unit sells.
Damage (to be edited once decision for Safely is made)
RENTER IS LIABLE FOR DAMAGE TO UNIT. Any damage to the unit that exceeds the damage insurance amount or any damage that is caused due to not following the rules in the rental agreement will be billed to the renter and charged to your credit card on file. Each unit is checked for damage or missing items before and immediately following each stay.
Accidents and Liability
Roberts Brothers, Inc. will not be responsible for accidents or injuries to guests, or for loss of money or valuables of any kind. Guest agrees to defend, indemnify and hold Roberts Brothers, Inc. and owner 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.
Maintenance and Right of Entry
Owner will make the best effort to keep equipment in working order. Please report any malfunctions or damage as soon as reasonably possible so a repairman can remedy the problem. Even the best or newest equipment occasionally malfunctions and cannot be guaranteed 100% of the time. Manager uses the best maintenance personnel available. Problems are corrected as soon as possible. Manager or an authorized employee or repairman may enter the premises for any purpose connected with the repair, care, or maintenance of the premises. Refunds are not offered for cleaning issues, maintenance issues or appliance problems. No rate adjustments nor any refund will be given for unforeseen failures such as air conditioning problems, television or cable problems, appliance issues, electricity, or pool closures. Manager is not responsible for the conditions or operations of any amenities at condominium complexes.
Occupancy
The lease period begins at check-in, which is no sooner than 4:00 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. Roberts Brothers, Inc. and 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 Manager 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. Guest agrees to be solely responsible for all occupants.
Smoking
Smoking is not permitted in ANY of our properties. 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.
Internet
While most units will have internet access through the owner’s service provider, internet connectivity is not guaranteed. If you make the choice to access the internet, you are doing this at your own risk. You are responsible for ensuring that any material you access does not infringe on governing laws.
No Subletting
Your reservation is not transferable to any other party.
Parking
Unless otherwise noted in an addendum to this contract, parking is limited to a certain number of vehicles based on available space at each home or condo and any condo association rules. Parking of boats, trailers, jet skis and motor homes are not permitted without written communication from Manager. Call for details. Autos must remain on paved, concrete, gravel, or shell surfaces. Do not park on grass or in sand. No parking on streets. Manager does not provide towing for vehicles that get stuck in the sand. All unauthorized vehicles are towed at owners’ expense. A parking charge is indicated online at the time of booking for some units. The rental amount does not cover parking pass charges.
Construction
Owner is not made aware of nearby construction plans before your stay and so cannot be held responsible for any inconvenience. No refunds will be given due to nearby construction.
Good Neighbor Policy
We would like to remind you that you are staying in someone’s property during your stay. 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. Please take care of the unit and leave it in a good condition.
Noise Ordinance
Guest will follow all Noise Ordinances in place. Quiet times are often established for each specific condominium complex which must be followed by guests in addition to general Noise Ordinances. 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.
Community Pools
Community pools are not maintained or managed by RBI. Pools may not be heated during the off season.
Rates
We reserve the right to correct rates that may have been misquoted due to human error.
Hurricane, Weather Conditions and Pandemic Refund Policy
No refunds will be issued for any situation arising from pandemics, weather conditions or hurricanes including evacuations without Travel Insurance coverage. No refunds will be given for cancellation or interruption of your stay due to other inclement weather or events out of Manager’s control. Again, we highly recommend obtaining travel insurance for your trip.
Non-Availability & Substitutions
Guest acknowledges that the availability of the unit is not guaranteed. Should the unit confirmed by Guest become unavailable for any reason whatsoever, Manger will inform Guest when nonavailability is absolutely certain, and prior to check-in whenever possible. Every attempt to relocate Guest to a comparable unit will be made unless Guest requests a refund. If no comparable property is available, Guest can make the choice to receive a refund or pay the difference for another unit that exceeds the original reservation amount. Guest is responsible to pay any additional amount on a substitute home that exceeds the original reservation amount.
Fireplace
All fireplaces are not available for guest use.
Pests & Sea Grass
Properties are located in tropical climate and pests and bugs are common. Every precaution will be taken, but not guaranteed, that the interior of the property will be free from living pests. Sea grass is common and does have a distinct odor. We have no control over the winds and the grass that may blow onshore.
Lost and Found
Lock all doors when you leave your accommodations. Do not leave money or valuables unattended in the property; neither Agent nor the Owner will be held accountable or liable for any thefts. Items left behind will be returned only upon request. Roberts Brothers, Inc. is not responsible for any acts of vandalism or damage to personal property. If items left behind are found and you wish for them to be returned, there will be a $15.00 minimum service charge plus shipping fee. Firearms/weapons cannot be returned by mail, we will release to local law enforcement for appropriate actions.
Rules and Regulations
Make sure to pay attention and observe all rules and regulations that govern the property you are occupying.
- Renter must be 25 years of age or older. Anyone under the age of 25 in the unit must be accompanied & supervised by a responsible adult.
- If renting in a condo and/or gated community which has its own specific rules and regulations, rules of the association must be respected and followed, or you will be in breach of this contract as well.
- No smoking, deep frying or deep-frying appliances in this unit. Doing either will cause damage to unit.
- This property is a private property. There is a limit of vehicles per unit as stated at booking and each vehicle must have an access pass properly displayed in window of vehicle.
- You are responsible for your guest and own actions. Any actions that fail to follow rules and regulations will result in eviction.
- People other than those in the Guest party set forth above may not stay overnight in the property. Any other person in the property is the sole responsibility of Guest.
- All the properties are privately owned; the owners are not responsible for any accidents, injuries or illness that occurs while on the premises or its facilities. The Owners are not responsible for the loss of personal belongings or valuables of the guest. By accepting this reservation, it is agreed that all guests are expressly assuming the risk of any harm arising from their use of the premises or others whom they invite to use the premise.
- Leave the property as you found it except for the sheets which may leave on the bed for owner to change. Follow checkout procedure found in unit (take out garbage and clean the kitchen prior to departure). Failure to follow the checkout procedure may result in a bill for extra cleaning.
- Water and electric: Do not flush anything other than toilet paper (no Clorox wipes, feminine products, etc.). Do not run air conditioning or heat while exterior doors stand open.
- No pets on property unless otherwise noted in an addendum to this contract
- No articles hung from balcony or railing
- No grills allowed on balcony
- Immediate eviction if anything falls or is thrown from your balcony
- Do not feed birds or animals
- Minimum age for the sauna, steam room, exercise room is 18 unless accompanied and supervised by an adult
- No ball throwing or excessive horseplay is allowed or permitted in fenced pool areas. No boogie boards, skim boards, surf boards allowed in pools.
- Babies in diapers are not allowed in pool unless wearing plastic pants. 9 RobertsBrothers.com/VacationRentals
- Towels cannot be left on pool chairs as a means of reserving chairs.
- No glass bottles or breakable items in the pool area.
- Pool furniture cannot be removed from pool area.
- Loud, or boisterous behavior will cause an automatic eviction. No loud music, noise, or profanity at any time!
- No boats or trailers can be parked on premise.
- Children must be accompanied by adults at all times.
- Please take your garbage to one of the large containers in the parking lot. At some properties the can by the elevators is for small trash such as cups and cans.
- Elevators are no-smoking public areas. 26. Please clean BBQ pits on property by placing the ashes in the metal cans provided.
EVICTIONS
In order protect you, your fellow guests, properties will evict all parties without refund, and file a report with the police department, for any of the following:
- Balcony climbing, in any form
- Throwing, pitching, or tossing any object from or off a balcony, including cigarette butts
- Use of firearms or possession or use of illegal narcotics. The police will be contacted, and renters name, address and phone number will be handed over to the authorities
- Tampering with fire extinguishers or equipment
- Underage consumption of alcoholic beverages
- Contributing to the delinquency of minors, to include underage drinking in room
- Possession of kegs. Kegs are not allowed on the grounds, beach or in guest rooms
- Jumping or rough activity in elevators
- Malicious destruction or theft of Resort/guest property
- Indecent exposure
- Physical altercations, threatening behavior, including excessive use of profane language
- Excessive noise complaints (radios, verbal altercations, loud talking, yelling from balconies)
- Continued violation(s) of any Property/Resort rule or policy after being notified
Violation of ANY of the Above Policies
Many of the above policies are designed to comply with local laws, ordinances, association by laws or other compliance requirements which Owners are subject to. Others are designed to protect the rights of Owners and guests. By confirming this reservation, guests agree to abide by these policies. Guests who violate the above policies are subject are subject to eviction and forfeiture of all payments.
LIMITATION OF LIABILITY: TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO CASE SHALL ANY ROBERTS BROTHERS PARTY BE LIABLE TO GUESTS FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, OR EXEMPLARY DAMAGES OR FOR ANY OTHER DAMAGES THAT ARE NOT DIRECT ECONOMIC DAMAGES, OR FOR ANY DAMAGES FOR PERSONAL OR BODILY INJURY, EMOTIONAL DISTRESS OR DAMAGE TO PROPERTY, ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT, WHETHER BASED ON A THERORY OF CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABLITY, OR OTHERWISE, AND EVEN IF ANY ROBERTS BROTHERS PARTY HAS BEEN ADVISED OF OR OTHERWISE HAD REASON TO KNOW OF THE POSSIBILITY OF SUCH DAMAGES. IN ANY CASE, THE ROBERTS BROTHERS PARTIES’ LIABILITY TO GUESTS FOR BREACH OF CONTRACT OR NEGLIEGENCE, SHALL NOT EXCEED, IN THE AGGREGATE, THE TOTAL MANAGEMENT FEE RECEIVED BY ROBERTS BROTHERS UNDER THIS AGREEEMENT DURING THE DATES OF THIS CONTRACT.
ARBITRATION. Any controversy or claim between the parties to this Agreement, its interpretation, enforcement, or breach, including but not limited to, claims arising from tort (which includes claims of fraud and fraud in the inducement), shall be settled by binding arbitration administered by and under the rules of the American Arbitration Association. While either party shall have all the rights and benefits of arbitration, all issues shall be governed by the laws of the State of Alabama. Both parties are giving up the right to litigate such claims and/or disputes in a court or jury trial. The results, determinations, findings, judgments and/or awards rendered through such arbitration shall be final and binding on the parties hereto and may be specifically enforced by legal proceedings. Judgment on the award may be entered into any court having jurisdiction. Neither party shall be entitled to join or consolidate disputes by or against others in any arbitration, or to include in any arbitration any dispute as a representative or member of a class, or to act in any arbitration in the interest of the general public or in any private attorney general capacity. In the event that Guest files an unsuccessful claim, Guest shall be responsible for all costs incurred including, but not limited to, reasonable attorney’s fees.
Receipt of Reservation notification via e-mail constitutes acceptance of these Terms and Conditions of Occupancy Agreement in full from the time the reservation is made.