Terms and Conditions
A copy of the following rental agreement will be sent to you via email after we've added the rental home address and your info into it (you do not need to fill this one out, it is for your review only so you know the house rules before paying). You will be required to sign and return the document for your reservation to be considered locked in.
This Vacation Rental Agreement, herein, (“This Agreement”) is made effective as this date: _______________________________________
by and between Vacation Home Renter, Inc., a South Dakota Corporation (herein “VHR”) ______________________________________________________________ (herein “Renter”):
VACATION HOME: ___________________________________________
RENTAL DATES: Arrival date: ______________ Departure date: ________________________
DAILY RATE: _________________________
RENTER: ____________________________ ADDRESS:________________________________________
Credit card type: Disc / MC / Visa # - - - EXP: ___/____sec code: _____
By making an online or telephone reservation and viewing and reading This Agreement, Renter(s) agree to abide by the conditions set forth in This Agreement and all policies and rules set forth by VHR. Renter(s) further understand and agree that to breach of any items contained within This Agreement will result in my eviction without refund. Renter(s) understand that VHR has made every effort to provide accurate information; however, in the event of errors, omissions, or in the case of any changes by VHR or the Property Owner, as defined herein, Renter(s) I agree not to hold VHR or the Property Owner responsible or liable.
THE RIGHTS AND OBLIGATIONS OF THE PARTIES TO THIS AGREEMENT ARE DEFINED BY LAW AND INCLUDE PROVISIONS OF ADVANCED RENT AND EVICTION OF RENTER. RENTER(S)’ SIGNATURE ON THIS AGREEMENT, OR PAYMENT OF MONEY OR TAKING POSSESSION OF THE PROPERTY AFTER RECEIPT OF THIS AGREEMENT, IS EVIDENCE OF RENTER(S) ACCEPTANCE OF THIS AGREEMENT AND YOUR INTENT TO USE THIS PROPERTY FOR A VACATION RENTAL.
RENTER(S) UNDERSTAND AND AGREE TO ALL OF THE FOLLOWING:
1. IDENTIFICATION: For the purpose of This Agreement, Vacation Home shall be referred to as “the Property”; and owners of the property shall be referred to as “Property Owner.”
2. AGENCY: VHR has a contractual relationship with the Property Owner, and represents the interests of the Property Owner. VHR is the agent of the Property Owner and as such, has the authority to enter into This Agreement on behalf of the Property Owner.
3. RULES, REGULATIONS, and POLICIES: By signing This Agreement, Renter(s) certify that Renter(s) have read, understand, and abide by all rules, policies, and regulations of VHR regarding the Property referenced in This Agreement. Renter(s) agree to vacate Property upon demand for any violation of any of these rules, policies, and regulations. Renters must be at least 25 years of age or accompanied by a parent/guardian at all times.
4. MANDATORY EVACUATIONS: If state or local authorities order a mandatory evacuation of any area that includes the Property, Renter(s) shall comply with the order and evacuate the Property upon being notified and return all keys to the Property to VHR. Furthermore, I agree not to return to the Property after the mandatory evacuation order has been lifted without consent from VHR. Please note that Renter will not be entitled to a refund from VHR.
5. ADVANCE PAYMENT: I agree to pay in advance. This Agreement must be signed and returned to VHR and advance payment must be received in order to complete the reservation. Advance payment will include 25% of the total amount. Remaining balance, if any, will be charged to your card 60 days prior to arrival. All payments must be made via credit card. Rent for the Sturgis Rally week is due in full by April 1st. Reservation deposit is non-refundable.
6. SALES TAX/FEES: The advance payment, if staying only one night or the balance payment if staying multiple nights will include applicable South Dakota Sales Tax. There will be a 3% processing fee for all reservations.
7. SECURITY DEPOSIT: The amount of $1000.00 will be pre-authorized on the credit card used for the balance in case of damage if damage insurance is not purchased prior to arrival. This will be charged within a week prior to your stay and will be removed after checkout assuming no damage. Entry info will not be given unless this pre-authorization goes through. These charges would include but would not be limited to the following: broken or stolen items, extraordinary cleaning, excessive garbage, unusually high utility bills, damage to hot tub or excessive dirt/use requiring non-scheduled draining, visible stains or damages to carpet and furniture. In addition, VHR may deduct from the security deposit the amount of any phone charges (including 411 calls) and cable or satellite TV charges that are not specifically described in This Agreement as being included with the Property. Furthermore Renter(s), agree to pay all damages, fees, or bills, and assume financial responsibility for losses to Property or contents, or services generated by or during my occupancy that exceed the amount of the accidental damage insurance or that is not covered by accidental damage insurance.
7a. Vacation Rental Damage Protection: 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 [Policy Limit]. Any damages that exceed [Policy Limit] 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 replacement of such property up to a maximum benefit of [Policy Limit]. Certain terms and conditions apply. Full details of the Vacation Rental Damage coverage are contained in the Description of Coverage or Insurance Policy www.vacationrentalinsurance.com/g20vrd . The Vacation Rental Damage plan can be purchased up to, and including at, check-in. By submitting payment for this plan, you authorize and request CSA Travel Protection and Insurance Services to pay directly Vacation Home Renter, Inc. any amount payable under the terms and conditions of the Vacation Rental Damage. Please contact Vacation Home Renter, Inc directly if you do not wish to participate in this assignment. If you do not wish to purchase the Vacation Rental Damage Protection, a $1000 damage deposit will be required upon check-in.
8. TRANSFERS: All transfers of one property to another property or transfer of one week to another week will be treated as a cancellation. Please see paragraph 9 below.
9. CANCELLATION: All cancellation requests must be in writing. Cancellations prior to 60 day of arrival will receive full refunds less 25% of the total. Cancellations between 60 days and 30 days of arrival will receive full refunds less 50%. Cancellations within 30 days of arrival will forfeit 100% of the total.
9a. VACATION RENTAL INSURANCE-CSA Vacation Rental Insurance has been made available with your reservation. Vacation Rental Insurance reimburses for pre-paid, non-refundable expenses due to certain unforeseeable circumstances that may jeopardize your vacation investment and force you to incur unplanned expenses. We strongly recommend you purchase this valuable protection. If not purchased, you acknowledge you have read and understand our cancellation policy and choose not to purchase Vacation Rental Insurance on behalf of all occupants. Separate terms and conditions apply, read your policy carefully and contact CSA at (866) 999-4018 with coverage questions.
10. INDEMNIFICATION AND HOLD HARMLESS: Renter AGREES TO INDEMNIFY AND HOLD HARMLESS VHR and Property Owner from and against any liability for personal injury or property damage sustained by any person (including Renter’s guests or visitors) as a result of any cause, unless caused by the gross negligence or willful act of VHR or the Property Owner.
11. RIGHT OF ENTRY: Renter agrees that VHR, Property Owner, or their representative may enter the Property during reasonable hours to inspect the Property, to make such repairs, alterations or improvements thereto as VHR or Property Owner may deem appropriate, or to show the Property to prospective purchasers or Renters. Furthermore, Agent reserves the right to enter the Property at any time to inspect for suspected unlawful parties or pets, both of which are strictly prohibited.
12. ASSIGNMENT: Renter shall not assign This Agreement or sublet the Property in whole or part without written permission of VHR.
13. MAXIMUM OCCUPANCY: The maximum occupancy of the Property as listed on the property website must not be exceeded. If guests exceed the maximum occupancy of the Property an additional rate of $25 per person, per night will be withdrawn from your security deposit and/or if not approved prior to arrival, guests may be evicted immediately without refund per owner’s discretion.
14. CHECK-IN; CHECK-OUT: Check-in time will be 4:00pm. Check-out time is 10:00am. Renter agrees to return all keys to VHR. Furthermore, Renter agrees not to park on the Property or occupy any portion of the Property prior to check-in time or after check-out time. Cleaners, inspectors, service and repair companies, and VHR may not be able to perform their services if this provision is not followed. Any additional charges from such companies resulting from a violation of this paragraph will be the responsibility of Renter. VHR reserves the right to delay check-in time for cleaning and repair services. There may be gravel roads to this cabin and AWD/4WD vehicles may be required to get to this home if it snows before or during your stay.
15. KEYS: Renter will be provided with a keypad code 5-7 days before arrival.
16. RENTER DUTIES: Renter agrees to maintain the Property in accordance with SDCL 43-32-10 and other applicable law. Furthermore, Renter agrees to: (i) leave the Property in the same condition as it was at check in, (ii) be financially responsible for unwarranted or unneeded service calls and service calls caused by Renter’s misuse of the Property, (iii) report any and all problems to VHR immediately, (iv) not enter Property Owner’s private storage spaces, and (v) abide by occupancy limits of the Property at all times.
17. DEPARTURE: Upon departure, Renter agrees to: (i) wash and put away dishes (ii) put used sheets and towels in laundry area, and (iii) remove garbage to garbage receptacles outside. Failure to follow check-out rules, extra cleaning by housekeepers, or moving furniture will lead to additional charges.
18. NO PETS: No pets are allowed in or on the Property. Violation will result in immediate eviction without refund, and will result in an agreed One thousand dollar ($1000.00) liquidated damages award to VHR and Property Owner. Renter will be responsible for all cleaning costs and any losses incurred by Property Owner and/or VHR due to this violation.
19. NO SMOKING: Smoking is NOT ALLOWED inside the Property. When in violation of the smoking policy, Renter agrees to pay all costs associated with cleaning to remove smoke odors and any losses incurred by Property Owner and/or VHR, including an agreed One thousand dollar ($1000.00) liquidated damages award to VHR and Property Owner. Any smoking is to be done outside and if Renter(s) or any of Renter(s)’ guests or visitors have smoked, please dispose of cigarette/cigar butts properly. An additional Twenty-Five Dollar ($25.00) clean-up fee may be charged if cigarette /cigar butts are found lying on sidewalks, lawn, and surrounding landscaping.
20. HOT TUB USE: Hot tubs: We do not have control over the mechanical performance of private hot tubs. There will be no refunds for inoperable hot tubs. VHR is not responsible for any negligence or accidents in the use of the hot tub. Renter and guests assume all responsibilities for self and guests in the care around any hot tub.
21. DURATION OF STAY/HOLIDAYS: There is a 3/4 night minimum stay for Summer and the following holidays: Martin Luther King Jr. Day, Presidents Day, Easter Weekend, Memorial Day Weekend, July 4th, Labor Day Weekend, Thanksgiving, Christmas, and New Year’s Eve.
22. LEGALLY BINDING: Renter agrees to abide by and fulfill all parts of This Agreement, all additional policies, rules, regulations and addenda to This Agreement, and furthermore agrees that This Agreement is a legally binding contract, either in whole or in part. If Renter does not understand any portion of This Agreement, Renter should consult Renter’s attorney. All parties agree that in the event of a dispute, This Agreement will be interpreted in accordance with South Dakota Law. Where liquidated damages are provided for in This Agreement, Renter(s) acknowledge that actual damages are incapable of accurate estimation and that the amount of the liquidated damages represents a reasonable endeavor to fix fair compensation and is not disproportionate to actual damages.
23. ATTORNEYS’ FEES AND COSTS UPON DISPUTE: Should VHR be forced to the employment of legal counsel, litigation, or professional collection services in the enforcement of This Agreement, of which, creates mutual obligations to provide services and payment therefor, Renter shall be responsible for all associated costs including attorney fees. In the event of a lawsuit or other legal proceeding, all parties agree that such actions shall be held in the venue of Minnehaha County, South Dakota and that as aforementioned, the prevailing party in any such action shall be entitled to recover reasonable attorneys’ fees and other reasonable costs incurred in connection therewith.
Rent(s) will be the sole contact person(s) in regards to This Agreement and the tenancy. Renter(s) is responsible for all guests/visitors adherence to This Agreement. Each adult guest who intends to occupy the Property has read and understands This Agreement. Other than the adults signing below, no other persons, except minors accompanying the adults will be guests at the home. Agreement to the above terms is also agreement, as guardian on behalf of guests who are minors. If any guest does not sign This Agreement or if any guest is unable to sign as guardian of a minor, the signing guests will indemnify and save harmless the Property Owner from any resulting liability incurred and is responsible for any damage to the Property.
Names/ages of ALL individuals staying on Property: (contract will not be accepted if left blank)
24. OTHER PROVISIONS: VHR and Renter(s) agree that the following provisions are a part of This Agreement and in the event of conflict between the following and other provisions of This Agreement, the following shall control:
__Any items left behind will incur a $25 charge plus shipping costs to mail back to guest.______________________________________________________
The following conditions apply to this cabin in addition to all other provisions provided for herein:
Dated in ______Sioux Falls_______, South Dakota, on ( today’s date)
Vacation Home Renter, Inc.
Anne L. Rasmussen, President
**Send a copy of photo ID (driver’s license) to complete reservation**
Other policies and Information
Hot tubs: We do not have control over the mechanical performance of private hot tubs. There will be no refunds for inoperable hot tubs. VHR is not responsible for any negligence or accidents in the use of the hot tub. The Renter and guests assume all responsibilities for self and guests in the care around any hot tub.
VHR is an agent for Property Owner.
VHR will not be held liable for damages, losses, delay or expense caused by weather or other circumstances beyond our control.
VHR has the right to change accommodations without notice due to maintenance emergencies or sale of home. An attempt will be made to provide accommodations or upgrade at no additional charge. Rates are subject to change without notice, and are subject to availabilit