Rental Agreement

Rental Agreement, Credit Card Authorization, Damage Waiver, & Cancellation Policy

RESERVATIONS AND PAYMENTS: Payment of the applicable 25% Rental Deposit amount together with a completed Guest Reservation Application must be received and approved by Champagne Vacation Rentals before a confirmation will be issued.  No grace period will apply. Final payment, consisting of the remaining balance, must be received by Champagne Vacation Rentals at least thirty (30) days prior to guest arrival (or immediately if booked less than thirty (30) days in advance of guest arrival). Failure to make final payments on a timely basis will make reservation subject to automatic cancellation.

PAYMENT PROCESSING: Payments of the fees and other charges set forth on the Review Information page you completed during booking shall be processed by Champagne Vacation Rentals as part of the Services. The Rental Deposit is due upon receipt. Payment of Rental Deposit is your acceptance of the Champagne Vacation Rentals Terms & Conditions.

RATES: Rates are quoted on a per night, per week or per month basis as noted. Unless specified, check-in time is after 4:00 p.m., and checkout by 11:00 a.m. on the day of departure. Most rates quoted are for a specified number of people, additional guests are subject to a per person, per day charge. Charges vary and are subject to change without notice. All properties represented by Champagne Vacation Rentals have the amenities outlined in the listing. Amenities vary per property.

ADDITIONAL CHARGES (NOT included in rate): Rates do NOT include daily maid service (unless noted), gratuities, long-distance phone charges, car rental, food, liquor, laundry, personal items, excessive cleaning upon departure Cleaning Fees. The stated Cleaning Fees includes only the cost of standard cleaning services engaged at the end of Guest’s rental term. If the condition of the Property following such rental term requires extra cleaning beyond such standard level, or if Guest at any time requests additional cleaning services, Guest shall be solely responsible for the cost of such cleaning, and Guest hereby authorizes and directs Champagne Vacation Rentals to retain such amounts from the security or other deposit amounts held by Champagne Vacation Rentals or affirmatively charge or debit, as the case may be, such amounts from Guest’s charge or debit account on file with Champagne Vacation Rentals.

DAMAGE WAIVER: Damage Waiver, Capacity Restrictions, and Inspections: Our properties are inspected before and after each reservation guests agree to pay for any flagrant damage to the units, excessive cleaning required at check-out, missing or damage to the units’ contents, or any other accidental damage to anything within the rental unit during the rental period. Your reservation was either charge $89.00 for a Damage waiver to cover up to $1,500.00 in damage or we collected a $1,000 damage deposit 72 hours prior to check-in. Damage deposit funds are fully refundable if no damages occur and will be released within 10 days of check-out. If any damages are above this then the Renter authorizes any said damage or missing items charged to their credit card.

MAXIMUM OCCUPANCY: The sleeping capacity for this property is limited to the number of beds provided, so twin beds sleep 1 guest; double, queen and king beds sleep 2 guests each.. Extra guests beyond the maximum sleeping capacity are not allowed without the expressed written permission in advance by Champagne Vacation Rentals. Often, extra sleeping capacity is not possible at this property. Each additional guest exceeding the maximum sleeping capacity for this property will incur a charge of 10% of the nightly rental rate, per guest, and will be charged to the credit card provided above.  No unapproved guests in excess of the maximum occupancy specified in the booking request shall occupy the property. Breach of this will result in immediate termination of the rental agreement with a forfeiture of the entire rental amounts and or security deposit.

SECURITY DEPOSIT: A Valid Credit Card to be kept on file is required upon Reservation. Your reservation was either charge $89.00 for a Damage waiver to cover up to $1,500.00 in damage, or you will be charged $1,000 damage deposit. Should a Security Deposit not be collected or damages cost are above the coverage of the damage waiver or above the amount of deposit, the Credit Card on file will be charged for any of these costs. Guest hereby grants consent for Champagne Vacation Rentals to charge Credit Card on file for any damages, missing items, excessive cleaning, fines, and, if necessary, cost incurred to remove Guest from property.

PETS: No unauthorized pets are allowed on the property. Some homes allow for 1 pet this will be indicated in the listing and you must include the pet and pay the nonrefundable pet cleaning fee during booking. If guest has an unauthorized pet on the property they may be subject to a min. fee of $500 and Guest will be asked to leave without refund as Guest will be in breach of this Agreement.
Authorized pets, the pet cleaning fee is for standard cleaning with hypo allergenic products after guest departure. If guest allows pet to defecate in the home or damage any property guest will be responsible for the cost of the repair, replacement and cleaning. Damage Waiver covers accidental damage. Pet damage is NOT considered accidental.

SMOKING: ALL homes are non-smoking. This is smoking of any kind. If guest smokes in the home, they will be charged a min. smoking fee of $700 and Guest will be asked to leave without refund as Guest will be in breach of this Agreement. Damage Waiver covers accidental damage. Smoking damage is NOT considered accidental.

APPROVED GUESTS AND USE: The Premises are for the sole use as a personal vacation residence by Approved Guests. Reserving Guest is responsible for any guests that use the property during the term of this agreement. Guest may not exceed Max Occupancy for Property at any time. If the Premises are used, in any way, by more than max allowed guests, (i) Guest and all others may be required to immediately leave the Premises or be removed from the Premises; (ii) Guest is in breach of this Agreement; and (iii) Guest forfeits its right to return of any monies collected.

EVENTS: We have select homes that allow events to be hosted in them. An event would be any gathering that is in excess of the stated maximum sleeping capacity of the property. For those homes that allow an event, an additional event fee will apply. Otherwise, no parties or gatherings (in excess of stated maximum sleeping capacity) are permitted in our homes at anytime. Please inquire about event homes and event fees when making a reservation. We reserve the right to refuse a rental, cancel an existing reservation or terminate occupancy (without refund) if the number of guests exceeds the stated maximum capacity or we are of the opinion that your actions will be detrimental to the property.

CONDITION OF PREMISES: Guest shall, on arrival, examine the Premises, all furniture, furnishings, appliances, fixtures and landscaping, if any, and shall immediately report, in writing, if any are not in operating condition or are in disrepair. Reporting repairs does not give Guest the right to cancel this Agreement or receive a refund of any payments made.

LOST ITEMS OR LEFT ITEMS: Management assumes no responsibility for lost, stolen or abandoned items. Reasonable effort will be made to contact the Guest for return. There will be a $25.00 handling charge plus shipping costs for any found items returned at Guest’s request. Management shall not be held liable for condition of said items. Any items not claimed for longer than 30 days, may be donated or sold.

NO PARTIES: All of our rentals may NOT be used for weddings, receptions, parties, or large gatherings unless approved in writing by Champagne Vacation Rentals (event fee applies). Any disruptive events could result in the eviction and forfeiture of entire rental amount and security deposit.

ILLEGAL SUBSTANCES: No illegal substances are allowed in the rental, and minors should not be in possession of alcohol. Violations will result in eviction from the property and no refunds will be issued.

TV/CABLE/INTERNET/SATELLITE: No refund shall be given for number of devices, outages, content, or lack of content or personal preferences with regard to cable/internet/satellite service. Services are provided as a convenience only, and are not integral to this agreement. No refund shall be given for outages, content, lack of content, speed, access problems, lack of knowledge of use, or personal preferences with regard to service.

AIR CONDITIONING: If so equipped, and if not regulated otherwise, Guest agrees that Air conditioning shall not be set below 72 degrees, and that the fan setting shall be “Auto”. Doors and windows shall be closed when air conditioning is in operation. There are no refunds for lack of, or malfunctioning HVAC units.

POOL AND SPA:  Guest understands that the area surrounding pool and spa may not be fenced or secure. Guest understands and agrees to be responsible and liable for any damages that occur to the pool and spa and its support equipment through Guest misuse and/or negligence.

SYSTEM(S) FAILURES: In the event the rental unit sustains a failure of a system, including but not limited to water, sewer, septic, electrical, gas, plumbing, mechanical, appliances, heat pump, ventilating, pool, hot tub or other system or structural systems, neither the property owner nor the Management shall be liable to Guest for damages, and no refunds will be given for such failures. However, Management will make an effort to promptly repair or replace the failed system or equipment, and in such event, Guest agrees to permit Manager or its service provider to have reasonable access to the property to inspect and make such repairs.

UNFORESEEN OCCURRENCES: Management will not assume liability for any loss, damage or inconvenience caused by but not limited to the following: weather conditions, natural disasters, pests, construction, acts of God, or other reasons beyond its control. There shall be no refunds available as such instances are beyond the control of Management. It is highly recommended that Guest considers travel and/or rental insurance.

RULES; REGULATIONS: NO COMMERCIAL USE. Guest agrees to comply with any and all rules and regulations that are at any time posted on the Premises or delivered to Guest. Guest shall not, and shall ensure that Guest and licensees of Guest shall not: (i) disturb, annoy, endanger, or interfere with other Guests of the building in which Premises is located or its neighbors; (ii) use the Premises for any commercial or unlawful purpose including, but not limited to, using, manufacturing, selling, storing, or transporting illicit drugs or other contraband; (iii) violate any law or ordinance; or (iv) commit waste or nuisance on or about the Premises.

MAINTENANCE & REPORTING: Guest shall properly use, operate and safeguard the Premises including, if applicable, any landscaping, furniture, furnishings, appliances and all mechanical, electrical, gas and plumbing fixtures, and keep them clean and sanitary. Guest shall immediately notify Management of any problem, malfunction or damage. Guest shall pay for all repairs or replacements caused by Guest, excluding ordinary wear and tear. Guest shall pay for all damage to the Premises as a result of failure to report a problem, malfunction or damage in a timely manner.

ENTRY: Management and Managements representatives and agents have the right to enter the Premises, at any time, (i) for the purpose of making necessary or agreed repairs, decorations, alterations, improvements, for maintenance or to supply necessary or agreed services; (ii) to verify that Guest has complied with the terms of this Agreement; or (iii) in case of emergency. Management and Managements representatives and agents have the right to enter the Premises, upon reasonable notice of at least 24 hours, to show the Premises to prospective or actual purchasers, tenants, mortgagees, lenders, appraisers or contractors.

TERMINATION OF OCCUPANCY: Upon termination of occupancy, Guest shall: (i) return all copies of all keys or opening devices to the Premises, including any common areas; (ii) vacate the Premises and surrender it to Management empty of all persons at agreed upon time; (iii) vacate any/all parking and/or storage space; and (iv) deliver the Premises to Management in the same condition less ordinary wear and tear as received upon arrival.

WEATHER/MOTHER NATURE: Champagne Vacation Rentals cannot be held responsible for circumstances beyond our control. This includes excessive noise from construction or public/private events, weather related interruptions, road closures, interruption of services and utilities or unexpected appliance breakdown.

CANCELLATION AND REFUNDS: No refunds will be given unless you have purchased a cancellation waiver. Cancellation waivers are available during booking and cannot be added after booking. If you do not wish to purchase a cancellation waiver we strongly suggest you obtain travel insurance.

Cancellation Waiver- Cancel in writing for any reason no questions asked up to 48 hours before your arrival date and receive a full refund of monies paid, minus fee for cancellation waiver and Processing & Administrative fee. Cancellation waiver is an option during booking. If you have questions about this waiver please contact us.

CATASTROPHIC EVENTS & EMERGENCY EVACUATIONS: If a catastrophe (hurricane, tornado, earthquake, flood, etc.) or any situation simply beyond our control impairs the vacation rental, Champagne Vacation Rentals is not responsible for finding alternate lodging for the renter or for the renter’s financial losses related to transportation or alternate lodging. There will be NO REFUNDS OR CREDITS FOR EMERGENCY EVACUATIONS. The threat of a hurricane, flood, or tsunami is always present during certain months of the year, and you assume this risk. Therefore, we suggest you consider Travel Protection Insurance to secure your vacation investment and eliminate your financial risk. There will be no refunds of any kind for evacuations.

PROPERTY UNAVAILABILITY: In the event a Property subject to a Booking is damaged or destroyed by fire or other casualty or otherwise becomes unavailable for use by Guest for any reason at any time prior to the Booking start date, Champagne Vacation Rentals shall promptly undertake commercially reasonable efforts to source and secure an alternative property with characteristics reasonably similar to the Property for use by Guest at no additional cost to Guest pursuant to the terms of the Booking. In the event an alternative property cannot be located or secured for any reason, including without limitation, inventory scarcity, low vacancy rates and other restrictions or limitations, Champagne Vacation Rentals may elect in its sole discretion to cancel the Booking, effective immediately upon written notice to Guest. Champagne Vacation Rentals shall cause all payments billed to and collected from Guest as of the date of notice to be promptly refunded to Guest in full, and upon payment of such refund, Champagne Vacation Rentals and Owner shall each have no other or additional liability or obligation owing to Guest of any kind, which liability and obligations are hereby (i) disclaimed by Champagne Vacation Rentals and Owner, and (ii) expressly waived and released by Guest

PERSONAL PROPERTY AND INJURY: (i) Owner Insurance: Guest personal property, including vehicles, are not insured by Owner or, if applicable, HOA, against loss or damage due to fire, theft, vandalism, rain, water, criminal or negligent acts of others, or any other cause. Owner/Management does not insure against personal injury to Guest, guests or licensees due to any reason other than the condition of the Premises. (ii) Guest Insurance: Management recommends that Guest carry or obtain insurance to protect Guest and licensees and their personal property from any loss or damage. (iii) Indemnity and Hold Harmless: Guest agrees to indemnify, defend and hold harmless Owner and Management from all claims, disputes, litigation, judgments, costs and attorney fees resulting from loss, damage or injury to Guest or licensees or their personal property.

MEDIATION: Guest agrees to mediate any dispute or claim arising out of this Agreement, or any resulting transaction, before resorting to arbitration or court action. Mediation fees, if any, shall be divided equally among the parties involved.

JOINT AND INDIVIDUAL OBLIGATIONS: If there is more than one Guest, each one shall be individually and completely responsible for the performance of all obligations under this Agreement, jointly and individually with every other Guest.

ENTIRE CONTRACT: Time is of the essence. All prior agreements between Owner and Guest are incorporated in this Agreement, which constitutes the entire contract. It is intended as a final expression of the parties` agreement, and may not be contradicted by evidence of any prior agreement or contemporaneous oral agreement. The parties further intend that this Agreement constitutes the complete and exclusive statement of its terms, and that no extrinsic evidence whatsoever may be introduced in any judicial or other proceeding, if any, involving this Agreement. Any provision of this Agreement that is held to be invalid shall not affect the validity or enforceability of any other provision in this Agreement. The waiver of any breach shall not be construed as a continuing waiver of the same or any subsequent breach. This Agreement shall be governed and construed in accordance with the laws of the USVI. St. Croix USVI shall have personal jurisdiction over the parties and the location in which the Premises is located shall be the forum for any legal action brought in relation to this Agreement.

RELEASE: In consideration of the right to visit the home, Guest agrees to release to the fullest extent allowed by law, Owner and its Management, members, officers, associates, employees, agents, representatives, attorneys, assigns, and affiliates (collectively, the Affiliates) from all liability or responsibility of any kind whatsoever for any personal injury, death, property damage or other loss sustained by me, my minor children, any guest identified on this form, or any guest or person allowed onto the property during my rental dates as a result of my, my childrens or the guests participation in a visit to the home, due to any cause whatsoever, including without limitation negligence on the part of Owner or Management. I understand that this release will bind my heirs, administrators, executors, and any other person or entity seeking to claim under or through me.

ACKNOWLEDGEMENT: Your credit card will be charged as follows: 25% deposit to hold your reservation. We charge the balance 30 days prior to check-in, or full payment due at time of reservation for check-ins within 30 days.
Per this Agreement, it is hereby agreed that unpaid rent, excessive cleaning, damage, lost keys or lock-outs may be charged to this card if necessary.

BY COMPLETING AN ONLINE OR BY PHONE RESERVATION REQUEST AND SUBMITTING PAYMENT RENTER AGREES TO RULES,REGULATIONS, & OTHER LISTED ABOVE.
____________________________________________________________

OPTIONAL SERVICES:

If you choose to use Champagne Vacation Rentals Optional Services the following terms and conditions apply

The Client hereby agrees to engage Champagne Vacation Rentals, and/or entities acting on its behalf (“Agents”, “Vendors” or “Subcontractors”) to provide the Client with services as detailed below, and any other task which the parties may agree on. The Client understands that reasonable care is taken to perform all contracted duties and agrees that in no way shall Champagne Vacation Rentals, be held liable for any illness, injury or damage to property caused by any Agent, Vendor or Subcontractor. Furthermore, the Client agrees that any unresolved disputes shall go to mediation before arbitration. Services:

Shopping & Delivery of Grocery and/or Household Goods- The fee for pre-stocked groceries is a $35 delivery charge, the cost of grocery’s plus a 23% service charge (min. service charge of $46). $35 delivery charge must be paid at the time of request balance is due on the day your items are purchased (usually day prior of the day of your arrival). There are no refunds for orders canceled without 72 hours’ notice. This policy applies to all Grocery orders. Every effort will be made to provide client with requested brands; however if the requested brand is not available, the closest comparable brand will be substituted or is no substitution is found item will not be purchased. If no size is specified Champagne Vacation Rentals, will purchase the size most appropriate (and available at time of shopping) for one week. This Contract may be terminated by either party for any reason. Client agrees to pay for service rendered up to and including date of Contract Termination only. If there is a dispute over final invoice, Client and Champagne Vacation Rentals, agree to mediation. Champagne Vacation Rentals, will charge credit card on file unless instructed otherwise by client. Client is accepting the terms of this Contract. Your statement will reflect the agreed upon service amount and, in some cases, a separate charge for material goods and/or ancillary services purchased on your behalf. You will receive original receipts for groceries or material goods purchased.

Guest Arrival Service- Unless included with your rental (see listing amenities for complimentary arrival service) the fee for this service is $120 and must be scheduled 14 days in advance. Champagne Vacation Rentals will meet you at the airport and assist you in locating your rental. If you wish to stop at the grocery store on the way to the rental the fee is $35 an hour with a min. of 1 hour. Please note: This is not transportation service Champagne Vacation Rentals cannot transport clients.
I have read and understand the cancelation policy. I further agree that I am assuming all risks and Champagne Vacation Rentals, its employees and agents, assume no responsibility or liability for death, personal injury, property damage, loss or consequential loss of any kind whatsoever which may be incurred during the course of, or arising from my use of the premises, equipment or services provided. Champagne Vacation Rentals takes no responsibility for instructing Third Party Vendors as to how to perform the Services they provide and therefore accepts no liability for loss or damage caused by a Vendor in the course of providing Services to the Client.

By making a reservation you are agreeing to the terms of the optional services.