Rental Agreement

RENTAL AGREEMENT

Welcome and thank you for booking at Casa Tindi. Please be sure to read this rental agreement (the “Agreement”) in its entirety. 

This Agreement contains the following important terms: Any payments you make are non-refundable. Please read the cancellation policy carefully . You are releasing the homeowner from certain types of liability and agreeing to assume certain risks on behalf of yourself and each individual present during the stay; you are aware that traveling may increase your risk of contracting COVID-19. By clicking “Book Now” you are acknowledging and agreeing to each term included in this Rental Agreement, which specifically includes each of the above-described terms and conditions, as well as any applicable rules, policies, terms or conditions specific to Casa Tindi.

BOOKING TRANSACTION. This Agreement is between the Casa Tindi owner (Host) and the individual completing this booking transaction for Casa Tindi (“you” or “Guest”). You agree that you will be present at Casa Tindi for the entire duration of the reservation and that you will be responsible for the actions and behavior of each individual present at Casa Tindi during your stay. This includes ensuring everyone in your party or otherwise present at Casa Tindi (each an “occupant”) is aware of and in compliance with the terms identified in this Agreement. If you are bringing a minor as an occupant, you acknowledge and agree that you are solely responsible for the supervision of that minor throughout the duration of your stay and agree to the terms of this Agreement on each minor’s behalf.

PAYMENT TERMS & CANCELLATION. The total amount due, including the base rates, taxes, and fees are displayed in full upon booking through this website. 50% of your total payment will be due upon booking agreement. The balance is due 30 days prior to arrival. Please review these amounts carefully. You may cancel your booking for full refund no closer than 14 days prior to arrival. 

SECURITY DEPOSIT. A $500 security deposit will be charged to your credit card upon booking agreement This amount will be fully refunded upon check-out inspection if Casa Tindi is found to have been left in acceptable overall condition and no excessive damage if found.

HOUSE RULES & POLICIES.  Casa Tindi prohibits smoking of tobacco or any substance, or vaping inside the property or on the screened in porch. Casa Tindi & the HOA Association prohibits any Pets in vacation rentals.

These rules are detailed in the description section of the Vacation Rental listing, and are incorporated into this Agreement. Please review these terms carefully, as violation(s) may result in additional fees or the immediate removal of you and other members of your party from Casa Tindi without refund. Further, violation of any law or ordinance by any individual at Casa Tindi during your reservation will result in the immediate removal of you and other members of your party from Casa Tindi without refund.

ARRIVAL DETAILS & CHECK-IN/CHECK-OUT. Once your booking has been paid in full, the host will reach out to you directly with all additional instructions required for your Check-in and check-out procedures. Check-in is anytime after 4pm, and Check-out is anytime before 10 am. Please confirm your expected arrival time with the Host. If you or any member of your group fails to vacate Casa Tindi at the designated check-out time, you grant the right to charge the credit card number used to book Casa Tindi for an additional night. Further, the Host may initiate any and all proceedings necessary to remove you, your occupants, or your belongings from Casa Tindi.

PARKING. Driveway (1 vehicle), overflow parking available (1 vehicle) - Guests have to use a parking pass to display on their vehicles at all times. If the parking pass is not utilized, vehicle will be towed.

DAMAGE. A Security Deposit will be required upon booking. Any damage to Casa Tindi must be reported to your host before check-out. You agree damage to Casa Tindi by you, or anyone in your group is your full responsibility. This may include damage or loss occurring during your stay, violations of house rules or policies, additional cleaning fees, and/or any fines or other costs incurred by the behavior of you or any other occupant during your stay in violation of laws or other regulations. You grant the Host the right to charge your security deposit used at booking  Casa Tindi for any such damages, including, but not limited to, additional cleaning fees. To ensure that the proper party is held responsible, please notify the Host of any damage found at check-in. Your Security Deposit will be returned to you in full upon check-out inspection that confirms no damage.

FEES & ADDITIONAL SERVICES. All mandatory booking-related fees will be disclosed in the Vacation Rental listing. The maximum number of people that may occupy Casa Tindi is 6, and indicated in the listing description. For clarification, this number applies to all overnight guests, day visitors and children. Occupancy over the indicated capacity may result in the immediate removal of you and other members of your party from Casa Tindi and forfeiture of all amounts paid. 

Parties and large gatherings are not permitted at Casa Tindi under any circumstances. Conduct of unauthorized parties or gatherings may result in your removal from the property without refund and the Host may contact local law enforcement when appropriate. You agree to respect Casa Tindi,  neighbors, the surrounding community and to follow all applicable laws, regulations, ordinances and rules, including noise ordinances. You agree to conduct yourself in a manner that does not disrupt neighbors or community members.

CONDITION OF THE PROPERTY. Your Host cares very much about Casa Tindi and strives to keep it in excellent shape. If you notice any problems, hazardous conditions, housekeeping issues, or maintenance issues, please notify your Host immediately.  You hereby acknowledge that if the Casa Tindi has access to shared amenities, the repair and maintenance of such shared amenities is not within the Host’s responsibility or control.

HOST ACCESS. You agree to allow your Host, or their agents reasonable access to Casa Tindi during your stay if requested. Such access may be necessary to resolve maintenance related issues you report. In the event of an emergency, Casa Tindi may be accessed without prior notice or permission.

CLEANLINESS. You are expected to treat Casa Tindi with respect, keeping in mind that this is an individual’s home, not a hotel room. You are expected to leave Casa Tindi in a clean, neat, and orderly condition and respect the Host’s requests regarding check-out procedures.

CANCELLATIONS/UNFORESEEN CIRCUMSTANCES.a) UNFORESEEN CIRCUMSTANCES/FORCE MAJEURE. All funds paid to the Host are non-refundable unless stated otherwise, and no refunds will be due in the event your stay at Casa Tindi becomes impossible for a reason outside your Host’s control, including natural disasters, fire, epidemic, pandemic, federal, state, or local quarantine, civil commotion, changes in laws or regulations, evacuation orders, or other acts of government agencies. However, in such circumstances, your Host may choose, in its sole discretion and as your sole remedy, to issue a travel credit of the amounts paid as an act of goodwill. Any travel credits issued by the Host will be subject to the terms set forth at issuance, including terms regarding expiration date and non-transferability. For purposes of clarification, inclement, unfavorable, or even severe weather is not considered a force majeure event under this provision and no refund or credit is due (or will be made) to you.

CANCELLATIONS BY OWNER/HOST. In the event that your Host cancels your booking for reasons other than those described in the Force Majeure section above, you will be notified as quickly as possible. In such cases, your host will refund 100% of any amounts paid by you. We highly recommends that you purchase Travel Insurance to protect against certain types of cancellations, among other risks. Other than providing a refund in its sole discretion, the Host is not responsible or liable for cancellations or any costs associated with cancellations. 

INDEMNITY & HOLD HARMLESS. You agree to indemnify and hold harmless your Host for any liabilities, claims, damages, injuries, costs or expenses whatsoever arising from or related to your use and/or occupancy of Casa Tindi, including, but not limited to, any claim or liability for personal injury, damage, or loss of any kind resulting from your actions or omissions, and the actions or omissions of other occupants, during or relating to your stay.

ASSUMPTION OF RISK. You and anyone using Casa Tindi during your stay accepts and assumes all risks involved in or related to the use of Casa Tindi and surrounding property, the pool, hot tub, or any other body of water (including but not limited to a lake or an ocean in proximity to Casa Tindi), any water-related activities, features on the property, activities participated in during your stay on or off the property, amenities provided at the property, or third-party transportation vendors, as applicable, whether or not disclosed in the listing. You understand that travelling and staying in a vacation rental property may increase the likelihood of contracting an infectious disease, such as COVID-19, and you voluntarily assume that risk. You further accept and assume all risks involved in or related to any recreational equipment of any kind, including but not limited to beach or pool equipment, golf cart, bicycles, docks, boats, paddleboards or other floating devices, game or sports equipment, as applicable. You are responsible for determining your fitness for participating in any features or activities during your stay and your ability to fully understand and comply with any directions, warnings, laws, or regulations presented. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, YOU KNOWINGLY, VOLUNTARILY AND FREELY ASSUME ALL RISKS, BOTH KNOWN AND UNKNOWN, OF THE ABOVE DESCRIBED ACTIVITIES, AND YOU ASSUME FULL RESPONSIBILITY FOR PARTICIPATION IN ANY SUCH ACTIVITIES.ATTORNEY’S FEES & COSTS. If your Host employs the services of an attorney or attorneys to enforce any terms or conditions of this Agreement, you shall be liable to your Host, as applicable, for reasonable attorney’s fees and costs incurred. 

FALSIFIED BOOKINGS.If your booking was made under false pretense, including, but not limited to, a falsified name, age or size of party, you will be subject to immediate cancellation of your reservation, removal from the property, and forfeiture of all amounts paid.

LIMITED SHORT-TERM RENTAL. It is expressly understood and agreed that this is a short-term, transient vacation rental and is not a lease or other long-term residential tenancy agreement, and that Casa Tindi is not intended to be utilized as a primary residence. This Agreement is only for the licensed use of Casa Tindi for the stated reservation dates. It creates no property rights in you and no rights to renewal or for recurring usage. If you hold over after the expiration of your reservation dates, your extended stay, if authorized, will be from day-to-day only and will not constitute a renewal or an extension for any further term. In such case, you will be liable for paying for the additional day(s) at a rate equal to two (2) times the nightly rate set for the property on the dates of your holdover, plus the actual costs of re-accommodating future tenants that were scheduled to use Casa Tindi during such dates. You may not sublet Casa Tindi or any part of it and shall not assign any interest (in whole or in part) to this Agreement or any rights hereunder.

LIMITATION OF LIABILITY. 

TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT WILL YOUR HOST, BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, OR PUNITIVE DAMAGES ARISING OUT OF OR IN CONNECTION WITH YOUR STAY AT CASA TINDI. THIS LIMITATION APPLIES TO ALL CLAIMS FOR DAMAGES WHETHER BASED ON A THEORY OF WARRANTY, CONTRACT, TORT (INCLUDING ORDINARY NEGLIGENCE), STRICT LIABILITY, OR ANY OTHER CAUSE OF ACTION, EVEN IF THE HOST HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND EVEN IF THE LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. CLASS ACTION & JURY TRIAL WAIVER. ANY AND ALL PROCEEDINGS TO RESOLVE CLAIMS WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED OR REPRESENTATIVE ACTION. IF FOR ANY REASON A CLAIM PROCEEDS IN COURT RATHER THAN IN ARBITRATION, THE PARTIES EACH WAIVE ANY RIGHT TO A JURY TRIAL.JURISDICTION & VENUE. 

GENERAL TERMS.If any section, clause, paragraph, or term of the Rental Agreement is held or determined to be void, invalid, or unenforceable for any reason, all other terms, clauses, or paragraphs herein shall be severed and remain in force and effect. This Agreement shall be binding on and inure to the benefit of the parties hereto and on each of their heirs, executors, administrators, successors, and assignees. This Agreement or any rights hereunder may not be assigned (in whole or in part) by you. This Agreement is taken in full compliance with federal, state, and local Fair Housing Laws, without regard to race, color, religion, sex, country of origin, handicap, or familial status. This Agreement becomes binding upon receipt of your initial payment. Sending payment constitutes your acceptance and agreement to these terms, conditions, limitations, and restrictions.

ADDITIONAL HOUSE RULES:

There is a $50 replacement fee if the amenity card is not returned.

No events, parties or large gatherings. If evidence of parties is found, guests will be responsible for an additional fee.

Smoking within Casa Tindi or on the screened in porch will incur additional cleaning fees.

Pets are prohibited. If any pets are brought to Casa Tindi a fine will incurred as set out  by the HOA, and additional cleaning fees will be added.

Must be 25 years old to book and the person booking MUST be staying at Casa Tindi. Government issued photo I.D. may be required by on site security upon entry into the gated community. Content