Terms of Booking

Guest Agreement

Welcome to Divine By The Beach
Divine By The Beach Guest Agreement
Updated April 18, 2022
 
Divine By The Beach is committed to providing you with the most convenient and reliable vacation rental experience possible. Please call us at: (843) 829-5505
if we can help you in any way. The terms of our Guest Agreement are provided below and are intended to help you enjoy a safe, reliable and convenient booking. The Guest Agreement sets out the terms of your booking for a short-term rental.
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Guest Agreement
Divine By The Beach Vacation Rental, (referred to as "Divine By The Beach", "we", "us", or "our") provides rental management services on behalf of homeowners (the "Owners") who rent their properties (including the associated home fixtures and furnishings, the “Unit”) to guests (the "Guest" or "you") seeking accommodations on a short term basis (a "booking") (collectively, the “Services”). We are the Owner's property manager and authorized agent, who will perform the Services related to your booking as provided herein. By using the Unit and Services, you agree to comply with and be legally bound by the terms and conditions of this guest agreement (the "Guest Agreement") and Divine By The Beach Terms and Privacy Policy, specifically including the Binding Arbitration and Class Action Waiver provisions and are incorporate by reference. In the event of a conflict between this Guest Agreement and the Divine By The Beach Terms or Privacy Policy, this Guest Agreement will control. This Guest Agreement only applies to short term rentals. If applicable, we may update the terms of the Guest Agreement upon notice to you.
 1. Policies: You must abide by following policies:
- Behave as you would in any home in which you live, with respect for property and neighbors.
- Unless we provide otherwise, you must be over the age of 25.  
- You will be an occupant of the unit during the entire reserved period and other occupants of the Unit during your booking will be family members, friends, responsible adults or children under direct adult supervision.
- Do not exceed the maximum occupancy of the Property: 14 Persons.
- Do not exceed the maximum parking of the Property, if applicable: 7 Vehicles.
- No parties, noise that can be heard beyond the Unit lot line or in adjacent units or any illegal activity may occur at the Unit.
- No pets are allowed.  Registered service animals are allowed when you provide proof of registration upon request.
- No smoking is allowed in the Unit.
- Check-in time is 4pm and check-out time is 10am - we will notify you via email in advance if early check-in or late check-out will be available.
- Please use common courtesy at the Unit by keeping it clean, reporting any problems or damages, washing dishes as used, cleaning the barbecue grill as used, taking garbage to the outside bins, leaving towels in the bathrooms and sheets in the bedrooms, and not rearranging furniture.
2. Cleaning: Each home will be cleaned and inspected by third-party cleaning contractors after your departure, consistent with the Additional Health Terms below. We ask you to help us enable the cleaning crews as much as possible. They will appreciate simple things like leaving the Unit tidy, stripping the linen from the beds, and taking the trash to the outside bins.
3. Pools, Beaches, Recreational Equipment: If the Unit that you have reserved includes a pool or hot tub, or is on a beach, these can all be obviously dangerous. Guests should observe and adhere to all rules and policies as posted at the Unit or in your booking information and supervise all children at all times. Lifeguards are not provided. Decks and patios can be slippery when wet and can result in injury to anyone who is not careful. Guest accepts and assumes all risks involved in or related to the use of a pool, hot tub, beach and deck/patio areas. Guest accepts and assumes all risks involved in or related to any of the following recreational equipment of any kind, including but not limited to a beach or pool equipment, golf cart, bicycles, docks, boats, paddle boards or other floating devices, pool or ping pong tables, game or sports equipment.
4. Damage to Accommodations: Each Guest will be offered an optional damage waiver (the “Damage Waiver”) that protects you against unintended damage done to the Unit. This is not insurance, and the Damage Waiver does not apply to intentional damage done by the Guest or your guests, excessive wear and tear or damage due to parties, smoking, pets or otherwise, or additional cleaning charges due to stains or spills, or fines incurred by the police or HOA due to noise, excessive trash or parking, or damage over the purchased Damage Waiver amounts of $1,500, $3,000 or greater depending on the Unit. If you would like to opt out of purchasing the Damage Waiver for your booking, you can do this by providing us with a security deposit of $3,000, $5,000. Guest acknowledges that any damage or fines not covered by the Damage Waiver or above the amount of any security deposit can be charged to Guest (and Guest’s card on file). Please contact Divine By The Beach directly at (843) 829-5505 if you do not wish to purchase the Damage Waiver and would rather provide a security deposit.
5. Excessive Wear and Tear, Noise and Occupancy: If excessive wear and tear is found for the Unit, or additional cleaning is necessary due to spills, trash left on site, stains to furniture, carpeting, linens, paint, wallpaper, or flooring, Guest authorizes Divine By The Beach to charge Guest for additional fees. Guest will be provided with a receipt for any additional fees incurred upon request or as required by local laws or regulations. If at any time the maximum number of the Unit’s occupants is exceeded, if we receive information about excessive noise, or any violation of any laws, regulations or terms of this Guest Agreement, then Divine By The Beach in its sole discretion, has the right to evict Guest and all occupants immediately and to charge Guest a minimum service fee of $250 with no refund for the balance of the remaining booking. If any sign of smoking is discovered, Guest authorizes Divine By The Beach to charge Guest an additional minimum $500 cleaning fee. Unless the booking for the Unit specifically allows a pet, if any sign of a pet is discovered, then Guest authorizes Divine By The Beach to charge Guest an additional minimum $500 cleaning fee. Divine By The Beach will return any balance of a security deposit to Guest, less any charges or amounts owed by Guest, within fourteen (14) days after the end of the booking or as otherwise required by local laws or regulations. Any charges owed by Guest may be charged by Divine By The Beach to Guest’s card on file in addition to seeking any relief provided by law.
6. Maintenance and Access: We have the right to enter the Unit at any time during guest booking and we will diligently attempt to address maintenance issues as they occur. This is an associated risk of renting a residence or condo and if a maintenance issue occurs that cannot be fixed in a reasonable amount of time or if the Unit is unavailable for any reason as determined in our discretion, we reserve the right to cancel and refund you or offer to relocate you to another home at our discretion.
7. Phone and Internet: Unless otherwise specified, all homes are equipped with a high-speed Wi-Fi connection where and when service is available and we will provide you with any required Wi-Fi passwords. We do not guarantee Wi-Fi uptime, speeds or reliability for work or other purposes. We do not provide landline phones for all homes and suggest that you please use your mobile phone or Wi-Fi enabled phone for calls.
8. Furnished Rental and Supplies: Divine By The Beach properties are furnished properties that will include bedspreads, linens, blankets, pillows, towels, an equipped kitchen, TV, furnishings unless otherwise specified. A limited starter supply of paper products, bath and dish soap are provided, but will not be replaced if consumed during your booking so we recommend bringing additional personal items with you. Staples (salt, pepper, foils, wraps, etc.) are generally stocked by the Owner of the Unit, however Divine By The Beach cannot commit these supplies being present. Guest is responsible for replacing stocked items as they are consumed. If there is a special type of item you are accustomed to using, please provide for those items by bringing them with you. Extra towels are always recommended for homes on the beach, or with a pool or hot tub.
9. Weather and Other Unforeseen Events: Divine By The Beach does not accept liability for any inconveniences, delays or your inability to booking in a Unit arising from any temporary or permanent defects or stoppage in supply of water, gas, electricity or plumbing, damage caused by weather, road closures or conditions, construction, natural disasters, disruption or cancellation of your travel, events, conferences or reason for your booking, government orders, pandemics, viruses, illnesses, infestations, water conditions, closings, pollution, acts of God or other reasons beyond Divine By The Beach’s control. No refunds will be given for any delays or cancellations due to such conditions. Accordingly, travel insurance with “cancel for any reason” terms is highly recommended for all bookings. 
https://www.travelprotection.insure/310.html 
10. Common Areas, Facilities & Amenities: Divine By The Beach. The Unit includes an elevator, these can all be obviously dangerous. Guests have a 750 pound weight limit.  Guests should observe and adhere to all rules and policies as posted at the Unit and supervise all children at all times. Children under 12 should not use the elevator unattended. Elevators are for the convenience of the guest to move luggage and carry items throughout the Unit. Elevators can malfunction and result in injury to anyone who is not careful. Guests accepts and assumes all risks involved in or related to the use of the elevator. Guests accepts and assumes all risks involved in or related to equipment of any kind, including but not limited to the elevator.
 
11. Indemnity: Divine By The Beach assumes no liability for loss, theft, damage or injury to Guest, his/her guests or other occupants in the Unit. The Guest, for himself/herself, his/her heirs, assignors, executors and administrators, fully releases and discharges Divine By The Beach from any and all claims, demands and causes of action by reason of any injury or whatever nature which has or have occurred, or may occur to the Guest, his/her guests or other occupants of the Unit as a result of, or in connection with the occupancy of the Unit and agrees to hold Divine By The Beach free and harmless of any claim or suit arising therefrom. In any action concerning the rights, duties or liabilities of the parties to this Guest Agreement, or their principals, agents, successors or assignees the prevailing party shall be entitled to recover reasonable attorney fees and costs.
12. Unavailability: In the rare event the Unit that you have reserved is for sale, is sold or is otherwise unavailable for any reason as determined by Divine By The Beach, then Divine By The Beach will cancel and refund Guest’s booking.
13. Identification and Compliance: All guests are subject to our identification and risk screening process, which may require the Guest to provide personal, credit card and other information as determined by Divine By The Beach prior to booking the Unit. We may cancel a booking at any time if Guest fails to complete our Guest identification and risk screening process as determined at our discretion. Divine By The Beach does not prefer, limit or discriminate because of race, color, religion, sex, handicap, familial status, or national origin.
14. Payment and Cancellations: We accept all major credit cards. For bookings made more than 30 days in advance, we only charge a deposit of 10% of the total booking upon booking, with full payment due 30 days prior to check-in. For all bookings made within 30 days of check-in, we collect payment in full at the time of booking. All bookings which are made more than 10 days in advance are fully refundable with the exception of the payment processing fees if the guest cancels the booking within 72 hours after the time of booking. After this cancellation period expires, all guest payments are non-refundable and the booking is non-changeable and non-cancellable by the Guest.
15. Additional Health Terms and Waiver of Liability: 
Divine By The Beach has taken reasonable steps to ensure that your Unit has been properly cleaned and sanitized with industry standard, EPA approved supplies and disinfectant procedures designed to effectively eliminate viruses and microbes prior to your arrival, including novel coronavirus, COVID-19 (collectively "Disease"), which has been declared a worldwide pandemic by the World Health Organization and is reported to be extremely contagious. In order to ensure the safety of all Guests, Owners, workers and related parties, you agree that you are personally responsible for your safety and actions regarding your or any member of your party's use of the Unit If you or any members of your party meet any of the below conditions or fail to abide by the following guidelines, you agree that you and the members of your party will be at higher risk of contracting a Disease in connection with your use of the Unit:
- Has experienced a fever, cough, sore throat, shortness of breath, muscle pain, or a loss of taste and/or smell within the 14 days prior to your booking arrival;
- Has been living, visiting, or otherwise exposed to anyone with a fever or a cough within the 30 days prior to your booking arrival;
- Has traveled more than 25 miles from their home, internationally or resided or visited any U.S. State with an infection rate of over 70 per 1,000 people within the 14 days prior to your booking arrival;
- Has failed to practice safe social distancing, proper hand washing, or any other recommended precautions within the 14 days prior to your booking arrival;
- Do not maintain sanitation in the Unit by ensuring all members of the party wash all personal belongings, persons, and the Unit itself after contact, in order to provide a clean and safe Unit; or
- Do not read, understand, and ensure all members of the party fully comply with all State and County rules, ordinances, laws and executive orders during your booking, specifically including those related to social distancing, quarantine, or public health.
You agree that it is not possible to prevent against the presence of the Disease. Therefore, if you choose to utilize the Unit you may be exposing yourself to and/or increasing your risk of contracting or spreading Disease. You agree that you have read and understood the above warning concerning Disease. By using the Services and Unit you hereby choose to accept the risk of contracting Disease for yourself and/or your children and members of your party in order to utilize the Services and Unit. You agree that these Services are of such value to you and your children and members of your party that you accept the risk of being exposed to, contracting, and/or spreading Disease in order to utilize the Services and Unit. If you do not agree to these terms do not use the Services and Unit.
16. Severability: If any part of this Guest Agreement shall be held unenforceable for any reason, the remainder of this Guest Agreement shall continue in full force and effect. If any provision of this Guest Agreement is deemed invalid or unenforceable by any court of competent jurisdiction, and if limiting such provision would make the provision valid, then such provision shall be deemed to be construed as so limited.
17. Effectiveness, Agreement & Counterparts. You agree to comply with and be legally bound by the terms and conditions of this Guest Agreement as of the earlier of: (a) the date you electronically sign or accept the Guest Agreement; or (b) the date you use any Services, including the Site, a Unit, including making a booking or any payments for a booking via the Site. The Guest Agreement governs your access to and use of the Services and Unit and constitute a binding legal agreement between you and Divine By The Beach. IF YOU DO NOT AGREE WITH THESE TERMS, YOU MAY NOT ACCESS OR USE THE SERVICES, SITE OR UNIT.

House Rules

House Rules:

1. No smoking in the unit.  Smoking is allowed on the porches and rear yard.
2. Quiet hours are from midnight to 8 am as to not disturb neighbors 
3. Towels provided are for use in the house only. When departing leave towels in the bathroom
4. When departing, leave sheets in the bedrooms
5. Do not rearrange furniture
6. Elevator weight capacity is 750 pounds
7. Children under 12 should not use the elevator unattended
8. Clean the barbeque grill as used

Pool and Hot Tub:

1. Guests should observe and supervise children at all times. Lifeguards are not provided.
2. Bring your own towels for the pool
3. Hot tub maximum occupancy is 6 bathers
4. Exit the hot tub by sitting on the edge and swinging your legs over the side. Do not stand up on the edge.
5 Exit the hot tub if you feel dizzy
6. Use of the hot tub is prohibited by those under the influence of alcohol, narcotics or other drugs that cause drowsiness.
7. Decks and patios can be slippery when wet and can result in injury to anyone who is not careful.
8. Guests accept and assume all risks involved in or related to the use of the pool, hot tub and deck/patio areas.

Trash Disposal

​​​​​​​1. Dispose of trash in garbage bags placed in the outside bins.
2. On Sunday night place outside bins at curbside.  Trash pickup is 4am Monday morning


Accidental Rental Damage Protection

TERMS OF WAIVER

As a purchaser of this Waiver, staying at the Divine By The Beach rental unit you, the Renter, will not be obligated to fund a security deposit or pay for theft or damage to real or personal property of the owner of the rental unit located within the rental unit that is occupied by the Renter up to the limit stated below. Pursuant to this Waiver, the Divine By The Beach approved property manager waives the Renter’s obligation to fund a security deposit and the right to charge the Renter for theft or damage to the rental unit as a result of inadvertent acts or omission during the duration of the Stay up to the limit stated below.

The maximum limit of this waiver of liability is: $1,500 aggregate per stay.

CONDITIONS: This Waiver has certain conditions. This Waiver will not apply to liability for damage or theft resulting from: 1. Acts of God; 2. Intentional acts of a Renter; 3. Gross negligence or willful and wanton conduct; 4. Any cause, if the Renter does not report the damage to the Divine By The Beach property management staff in writing using the Waiver Proof of Loss form provided, by the time the Renter checks out of the unit or within the required reporting timeline of this Waiver; 5. Normal wear and tear; 6. Theft without a valid police report; 7. Loss of use of the covered property; 8. Theft or damage of any property owned by or brought onto the premises by a Renter; 9. Property Damage resulting from any motorized vehicle or watercraft operated by a Renter. DEFINITIONS 1. Renter: All registered guests and all persons booked to share the same unit of accommodations, who have elected to purchase this Waiver and have paid the required Waiver Fee. 2. Stay: The stay at Divine By The Beach rental unit from the date of Renter’s check-in to the date of checkout.


ADMINISTRATIVE PROCEDURES: This Waiver will be administered by Divine By The Beach staff at the property. Such staff will have authority to determine the nature and extent of damages, necessary repairs and eligibility for the waiver of liability described herein. The Renter must report any theft or damage to the rental unit or its contents to the Divine By The Beach approved property manager by the time of checkout or this Waiver, which would be otherwise applicable, will be void. The Claim Administrator has the ultimate claim administration authority. Arbitration is required prior to litigation. TERMS OF COVERAGE: 1. This Waiver takes effect upon check-in or registration on the booked arrival date to Divine By The Beach rental unit, together with receipt of payment of the Waiver Fee at or before check-in. 2. This Waiver shall terminate upon normal check out time of the Divine By The Beach approved property management rental unit or the departure of the Renter, whichever occurs first. WAIVER FEES ARE NON-REFUNDABLE IMPORTANT NOTE: Payments for this Waiver will not be accepted after the Renter has entered the Divine By The Beach rental unit for the beginning of their Stay. Violation of any stated condition voids this Waiver. The Divine By The Beach approved property manager provides this Waiver to the Renter. IF YOU ACCEPT THIS WAIVER, THIS DOCUMENT BECOMES PART OF AND IS ATTACHED TO THE RENTAL LEASE AGREEMENT. WAIVER FEE: $79.00