Sample Rental Agreement

Terms and Conditions

IMPORTANT: For rental agreements signed on or after April 8, 2020, the Coronavirus (Covid-19) pandemic is considered a foreseeable risk. The renter, by digitally signing this agreement, hereby acknowledges and accepts the risk that the pandemic may prevent travel or occupancy of the rental unit, and that this will not serve as a basis for requesting a refund. This clause specifically removes the obligation of the owner to provide a habitable unit as described in sections 2 and 12, if the cause is due to the Coronavirus pandemic.

• 1. This Rental Agreement ("Agreement") is between the Owner and the Renter for the rental of the unit for the term described above. The Owner has contracted with RedWeek Real Estate, LLC (“RedWeek”), which serves as the processor of the transaction for the two parties and the sole arbiter. While RedWeek has verified key details and provides assistance with the transaction, the Owner is ultimately responsible for the accuracy of the posting, changing the name of the party checking-in, and ensuring the resort provides the correct unit type at check-in.
• 2. Renter may use the Unit during the term without interference subject to the terms of this Agreement. If the Unit is not habitable on the day that the term starts, Renter shall notify RedWeek immediately using the method indicated below. Any dispute regarding the unit will delay payment to the Owner, pending resolution of the dispute by RedWeek, the sole arbiter.
• 3. Renter agrees to use the Unit in accordance with all resort rules and regulations, including occupancy restrictions, pets and smoking policies, noise/nuisance, and check-in and check-out policies. Renter and guests are responsible for all personal property brought to the resort, and will observe all rules and warnings provided at check-in and posted throughout the unit and resort grounds, including pool and hot tub usage.
• 4. Renter is responsible for payment of all costs for services and activities for which additional fees apply. Renter will be solely responsible for any housekeeping or other services provided to Renter or guests for which there is an additional charge, and any other extra fees imposed by the resort for services or for the use of its facilities. Some resorts charge local lodging taxes or resort fees which are the responsibility of the Renter. Where RedWeek is aware of such fees, the information will be included on the “About the Resort” tab of the posting. However, Renter acknowledges that the Renter is solely responsible for determining taxes and fees charged to resort guests at check-in.
• 5. Renter agrees to maintain the Unit in the same condition as it was at the start of the Agreement term. Renter will pay for all repairs, replacement, and damages resulting from the act of neglect of Renter and guests. If requested at time of check-in, Renter will provide a credit card to the resort to secure payment for any such deposit, repairs, replacements, or damages.
• 6. Immediately upon being notified of Renter’s full rent payment, Owner will notify the resort manager that Renter will be occupying the Unit during the term. The Owner will request a new confirmation letter and forward it to RedWeek as proof that this has been done; However, failure to do so will not relieve Owner of obligations under this Agreement.
  • 6.1. Resorts on RedWeek.com have on-site property management which maintains the Units and assigns guests to a particular Unit at check-in. Such management reserves the right to change the specific Unit provided to Renter, but the number of bedrooms, bathrooms and amenities should remain the same. Anything in the “verified” section of the posting has been confirmed for the reservation, and should not change with any unit reassignment.
  • 6.2. RedWeek does its best to keep track of resort construction, repairs, and closures that could affect Renter's trip. However, we cannot guarantee that we will have every detail. Renter is responsible for checking with the resort directly before booking to inquire about anything that could adversely affect Renter's stay.
  • 6.3. If Renter has specific needs or requests that will affect whether travel is possible (i.e. accessible unit/ground floor, pets, etc.), the renter must confirm these factors with the Owner/RedWeek prior to submitting payment as reservations cannot be modified or canceled without penalty after they are submitted.
• 7. Owner is not responsible for any inconvenience or interruption of services due to repairs, improvements, on-site construction, reasonable resort substitutions (specific unit, bed types, etc.), or for any other reason beyond the Owner’s control. Owner should provide Renter with reasonable notice, if they are made aware of any such inconveniences.
• 8. Renter may not sublease the Unit or assign this Agreement without explicit written consent from RedWeek and the Owner.
• 9. Renter and Owner agree to the following Cancellation Policy: If Renter cancels at least 60 days prior to check-in, 50% of the total rental amount will be paid to the Owner as a cancellation penalty, less agreed-upon fees. For cancellations less than 60 days prior to check-in, the penalty is 100% less fees. All check-in and cancellation dates will use Pacific Time, regardless of the time zone of Owner, Renter, or Resort.
• 10. Owner payment and dispute process:
  • 10.1. RedWeek will collect the total rental funds from the Renter and will disburse the Owner's share of the rental funds to the Owner within two business days after check-in, subject to the resolution of any disputes in accordance with this Agreement.
  • 10.2. Owner will be responsible and liable for payment of all state and local taxes resulting from the rental of the Unit. RedWeek does not collect or remit payment of any taxes on behalf of the Owner.
  • 10.3. If the Renter needs to register a dispute, they must do this with RedWeek directly by 12 pm (noon) PT on Dec 16, 2017 at https://www.redweek.com/dispute. Renter waives Renter's right to challenge any charges with their credit card company, and follow RedWeek’s dispute resolution.
• 11. Neither Owner nor RedWeek (and its members, officers, directors, or agents) is liable for loss, theft, damages, or bodily injury that may occur to Renter(s), or to any member of the Renter’s party during their stay, or bodily injury of anyone else that may occur in the Unit or on the resort property.
• 12. If the Unit is uninhabitable or inaccessible on the day the Rental Period commences by reason of flood, fire, storm, force majeure, or other natural disaster, and a satisfactory substitute is not made available, the total Rent Payment will be refunded to the Renter. If the Renter is required to evacuate the Unit at any point during the Rental Term, the Renter is entitled to a pro-rated refund for unused nights from the point of evacuation order through the remainder of the Rental Period. In such events, the Owner will have no further liability to the Renter. Renter's inability to complete their travel for personal reasons (including, but not limited to, illness, airline delays, job loss, etc.) are the sole responsibility of the Renter, and the agreed upon Cancellation Policy applies. Renter is encouraged to purchase trip interruption and cancellation insurance for such matters.
• 13. If you have purchased the optional travel insurance, you can access the policy or description of coverage for your trip here: https://www.csatravelprotection.com/certpolicy.do?product=g-330csa. The travel protection, if purchased, provides coverage for unused, nonrefundable payments if your trip must be canceled due to a covered reason. Covered reasons include: mandatory hurricane evacuations; sickness, injury or death; extension of school year; armed service revocation; involuntary termination of employment or other specific reasons listed in the policy/Description of Coverage. Terms and conditions apply. Plan is underwritten by GENERALI US Branch, A Stock Company. For coverage inquiries or customer service call (866) 999-4018.
• 14. Fees for any third-party services associated with this transaction, such as financing and travel insurance, are optional and subject to their own cancellation terms; RedWeek's cancellation policies and dispute resolutions outlined above do not apply. Travel insurance policies apply only to the rental fee and RedWeek service fee, not any additional financing charges incurred.
• 15. This document contains the entire agreement between the parties, and any changes, amendments, or modifications hereof shall be void unless the same are in writing and signed by the parties hereto. Renter(s) acknowledges receipt of a true copy of this fully executed Agreement. Any detail of the posting not contained in this Agreement will not constitute reason for dispute. In no event shall RedWeek be liable for any consequential, indirect, or special damages arising from this Agreement.
• 16. Notwithstanding paragraphs 2 and 10.3 above, the parties waive any right such party may have under applicable law to a trial by jury with respect to any suit or legal action which may be commenced by or against the other party concerning the interpretation, construction, validity, enforcement, or performance of this agreement. The sole and exclusive venue for any legal proceedings or disputes relating to this agreement shall be the Circuit Court of the Ninth Judicial Circuit of Florida in Orange County, Florida.