Terms & Conditions

BNB BREEZE GUEST TERMS AND CONDITIONS AGREEMENT

1. Guest Acknowledgement.  Guest acknowledges and accepts the terms and conditions of this Agreement and the terms and conditions of any OTA related to Guest’s rental of the Premises (which OTA terms and conditions are deemed incorporated herein by reference).  Guest acknowledges that Guest is the principal for themselves and the agent for any approved visitors of Guest using the Premises.  Any individual utilizing the Premises shall be subject to the terms of this Agreement and a breach thereof by such individual shall be deemed a breach thereof by Guest hereunder. It is the duty of the Guest to publish the terms of this Agreement to all approved visitors who will utilize the Premises and ensure compliance.

2. Term; Payment Terms.  The occupancy period, rental rate, security deposit, payment schedule and accepted payment methods are as set forth on Exhibit B attached hereto and incorporated herein by reference.  Cleaning, sales tax, and reservation fees will be added to all reservations.  Some properties may require minimum night stay (or maximum night stays).

3. Cancellation Policy.  

(a) Guest Cancellation.  Guest cancellations are subject to the cancellation policy of the OTA under which the Premises was booked.

(b) Guest Operator Cancellation.  Guest Operator may cancel a reservation for any reason and may issue a refund to Guest upon any such cancellation in the sole discretion of Guest Operator.

4. Premises Rules.  Guest and any approved visitors of Guest must adhere to the following rules related to the Premises, the violation of which shall be considered a breach of this Agreement and actionable under all applicable laws:

(a) No Smoking.  Any evidence of smoking inside the Premises will result in cleaning and mitigation services resulting in Guest being responsible for the entire cost thereof with a minimum charge of $250.00. Any outdoor smoking debris must be thoroughly extinguished, picked up, and disposed of properly by Guest.  Failure to clean any outdoor smoking debris will result in cleaning and mitigation services resulting in Guest being responsible for the entire cost thereof with a minimum charge of $250.00.

(b) CHECK-IN TIME IS AFTER 4:00 P.M. Prevailing Time where the Premises is located and CHECK-OUT IS 10:00 A.M. Prevailing Time where the Premises is located.  In some instances, access to the Premises may be unavoidably delayed due to cleaning or maintenance issues. There will be no discounts or late check-out offered due to a late check-in. Guest’s patience is appreciated in these circumstances. Later check-out without prior approval from Guest Operator (in Guest Operator’s sole discretion) will result in a $50 per 15-minute fine payable by Guest to Guest Operator. Guest Operator reserves the right to charge an extra late check-out fee as a condition to any approval thereof.

(c) PARKING.  Parking is allowed in Guest’s designated area ONLY. Specific properties may have vehicle restrictions with regard to the number of cars allowed, boats, trailers, RVs, etc. Please inquire about allowed parking for the Premises, especially if Guest is taking a multi-family vacation, traveling with a trailer, and/or will be parking more than two vehicles at the Premises at any time during the stay.

(d) MAXIMUM OCCUPANCY.  The maximum number of guests varies by property. The limits are strictly enforced regardless of a person’s age (i.e., an infant is considered a “child” in the occupancy limits). Eviction will occur if the occupancy exceeds the maximum at any time during the stay, unless prior approval has been obtained from Guest Operator, at Guest Operator’s sole and absolute discretion and for additional consideration.  Guest and any additional persons at the Premises will be asked (and required) to exit the Premises in the event of a breach of this Section 4(d).  No refunds will be made under any circumstances of eviction pursuant to this Section 4(d).

(e) FALSIFIED RESERVATIONS.  RESERVATIONS MADE UNDER FALSE PRETENSES ARE NULL AND VOID AND CHECK-IN WILL NOT BE ALLOWED. Any reservation obtained under false pretense as determined by Guest Operator will be subject to forfeiture of advance payment, deposit and/or rental money, and the Guest or other person will not be permitted to check-in. During the spring break season (i.e., February to May),  a parent or guardian must accompany any Guests under the age of twenty-five (25) years old. IN SUCH EVENT, A PARENT MUST BE STAYING IN THE PREMISES AT ALL TIMES FOR THE DURATION OF THE STAY. THE PREMISES IS MONITORED FOR VIOLATION OF THIS POLICY. ALL VIOLATORS WILL BE EVICTED IMMEDIATELY, AND ALL RENTAL PAYMENTS AND ADDITIONAL CHARGES WILL BE APPLIED. This policy includes reservations made by parents who do not check-in, and/or who leave overnight during the length of the stay. 

(f) REFUNDS.  No refunds will be provided for cancellations hereunder. Refunds for cancellations in connection with any reservation (other than damage deposit less any damages) for any reason shall be controlled solely by the applicable OTA policies.

(g) PETS.  Pets are only allowed in certain homes as designated on property listings and, in those instances, an additional pet fee and pet addendum completion will be required prior to arrival (along with proof of valid license and proper pet vaccination/health records). Pets must be crated when left alone at the property and while on the property all applicable pet laws must be adhered to by Guest. 

(h) AMENITIES.  Property amenities are provided solely for the convenience of the Guest; however, such amenities, including (but not limited to) electronic devices or appliances, are not guaranteed. Repairs will be made as soon as possible under the circumstances upon notice of failure. No refund or discounts will be made based upon any failure to operate of any property amenity.

(i) RESIDENTIAL COMMUNITY RULES.  The Premises may be located in a residential community and, therefore, subject to any rules, regulations, restrictions and/or covenants governing the same.  Copies of specific rules, regulations, restrictions and/or covenants for the community (if any) will be made available to Guest and Guest shall fully comply with the same.  Guests and all persons on the Premises shall be respectful of the property, neighbors, and area, and shall not cause any disturbances or other similar issues.  Guest shall otherwise comply with all applicable laws and ordinances.

(j) TRASH.  Trash collection days and instructions will be provided for each individual Premises and must be followed.

1. 5. Accidents and Incidents. Guest hereby acknowledges and agrees that the use of the Premises and any and all amenities provided at the Premises, including (but not limited to) pools, hot tubs and other water features, as well as recreational equipment and vehicles, is at Guest’s own risk. By execution of this Agreement, Guest expressly assumes full responsibility (financial and otherwise) for any and all injuries or accidents that may occur during the use of the Premises and these amenities (including those resulting in bodily harm or death, and property damage). Guest further acknowledges and agrees that Guest’s participation (and the participation of any invited visitor of Guest) in the use of any such Premises amenities is strictly optional and voluntary, and is undertaken with full knowledge of the potential risks and liabilities involved. To the fullest extent permitted by law, the owner of the Premises and the Guest Operator shall not be liable for – and are hereby released by Guest (on behalf of itself and Guest’s visitors/guests) from - any and all injuries, damages or losses sustained by Guest and/or any other individuals present on or about the Premises during the Term, regardless of the nature of the incident or the cause thereof.

6. Use of Premises; Return of Premises.  The Premises shall be used by Guest and Guest’s approved visitors solely for residential purposes.

7. Maintenance and Repairs.  Guest must notify Guest Operator of any maintenance or repair issues immediately.  In no event shall Guest attempt to repair or service any issues arising on the Premises without prior consultation with (and the prior approval of) Guest Operator.  When Guest’s stay is over, Guest shall leave the Premises in the same condition as it was delivered to Guest.

8. Guest Personal Property.  Guest uses the Premises and keeps its belongings thereat at Guest’s sole risk.  Guest is responsible for the personal property of Guest and any of Guest’s approved visitors.  For the avoidance of doubt, the Guest Operator is not liable for any loss, damage, or injury to the Guest or their belongings, including (without limitation) theft or destruction.  Guest is encouraged to obtain travel insurance at Guest’s sole cost and expense.

9. Termination.  Guest Operator may terminate this Agreement (i) at will upon thirty (30) days written notice to Guest, and (ii) for “cause” immediately upon written notice to Guest (unless another time period is expressly provided herein for such cause). 

10. Governing Law; Dispute Resolution.  This Agreement shall be governed by and construed in accordance with the internal laws of the State of South Carolina without giving effect to any choice or conflict of law provision or rule (whether of the State of South Carolina or any other jurisdiction).  If any dispute, controversy or claim arises under this Agreement, the designated representatives of each Party shall meet and negotiate in good faith to settle the matter.  If the Parties are unable to resolve the matter within thirty (30) days, the Parties shall submit the matter to non-binding mediation by a trained mediator approved by both Parties, the cost of which shall be shared equally by the Parties.  Nothing in this Section 10 shall preclude either Party from seeking injunctive relief or other equitable remedies (whether prior to or during mediation) if necessary to protect the interests of such Party. In the event resolution of any dispute cannot be achieved through negotiation and mediation as provided above, the Parties may resort to litigation in a court of competent jurisdiction.

11. Indemnification; Limitation of Liability.

(a)  Indemnification.  To the fullest extent permitted by law, Guest and any other persons utilizing the Premises during the term of Guests rental (the “Guest Parties”) shall defend (with counsel acceptable to Guest Operator), indemnify and hold harmless Guest Operator and its affiliates, officers, directors, members, managers, agents, representatives and employees, from and against any and all liabilities, losses, costs, expenses (including reasonable attorneys’ fees), and damages (collectively, “Losses”) resulting from any (i) the willful misconduct or negligent act or omission of Guest or any Guest Parties, (ii) Guest’s or any Guest Party’s breach of any of its obligations, representations or covenants under this Agreement (taking into account all applicable notice and cure periods hereunder), or (iii) any damages to the Premises during Guest’s use and/or occupancy of the Premises hereunder (except to the extent caused solely by the gross negligence or willful misconduct of Guest Operator).

(b)  LIMITATION OF LIABILITY.  EXCEPT AS SPECIFICALLY PROVIDED IN THIS AGREEMENT, IN NO EVENT SHALL GUEST OPERATOR BE LIABLE FOR ANY SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES IN CONNECTION WITH OR ARISING OUT OF THIS AGREEMENT.   

12. Amendment.  This Agreement may not be released, discharged, amended or modified in any manner except by an instrument in writing signed by the Parties.

13. Waiver.  None of the terms of this Agreement may be waived except by an express agreement in writing by the Party against whom enforcement of such waiver is sought.  The failure or delay of either Party in enforcing any of its rights under this Agreement shall not be deemed a continuing waiver of such rights.

14. Assignment.  This Agreement may not be assigned by either Party without the prior written consent of the other Party; provided, however, that Guest Operator may assign this Agreement without Guest’s consent in connection with the sale/transfer of all or substantially all of Guest Operator’s equity or assets (for purposes of the sale/transfer of Guest Operator’s equity, “substantially all” shall mean more than 50% - either at once or cumulatively).

15. Binding Effect.  This Agreement shall bind and inure to the benefit of the Parties and their respective successors, heirs and permitted assigns. 

16. Notice.  Any notice required or permitted to be given under this Agreement shall be in writing and shall be deemed to have been sufficiently given for all purposes when presented personally to such Party or received by certified or registered mail, return receipt requested, or nationally recognized overnight courier, to such Party at its address set forth below:

17. Entire Agreement.  This Agreement and the terms and conditions of the relevant OTA constitute the entire agreement between the Parties with respect to the subject matter hereof and supersede all prior agreements and understandings among the parties (whether written or oral) relating to such subject matter.  

18. Severability.  In the event that any of the provisions of this Agreement are held to be invalid or unenforceable in whole or in part, all other provisions will nevertheless continue to be valid and enforceable with the invalid or unenforceable parts severed from the remainder of this Agreement.

19. Counterparts.  This Agreement may be executed in any number of counterparts, each of which shall be an original and all of which together shall constitute one and the same document, binding on all Parties notwithstanding that each of the Parties may have signed different counterparts. For purposes of the foregoing, facsimile and/or electronic/pdf signatures shall have the same force and effect as original signatures.

20. Short-Term Rental.  It is expressly understood and agreed that this is a short-term rental agreement and is not a lease or other long-term residential tenancy agreement.  This Agreement is only for the licensed use of the Premises for the stated term.  It creates no property rights of Guest and no rights to renewal or for recurring usage.