Sample Rental Agreement

Terms and Conditions

• 1. This Rental Agreement ("Agreement") is between the above identified Owner and the Renter for the rental of the unit described above ("Unit") for the term described above ("Rental Period"). The Owner has contracted with RedWeek Real Estate, LLC (“RedWeek”), which serves as the processor and escrow agent of the transaction for the two parties. While RedWeek has verified the Unit information listed above with the resort, and provides assistance with the transaction, the Owner is ultimately responsible for the accuracy of the posting, changing the guest name with the resort, and ensuring the resort provides the correct unit type.
• 2. This Agreement will become effective upon the completion of the Review Period as described in section 10.1.
• 3. Renter may use the Unit during the term without interference subject to the terms of this Agreement. If the Unit is uninhabitable or inaccessible per section 12 on the day that the term starts, Renter shall notify RedWeek immediately using the dispute process described in section 13. Any dispute regarding the unit or anticipated evacuation event will delay payment to the Owner, pending resolution by RedWeek, the sole arbiter.
• 4. While RedWeek does its best to report on resort construction, repairs, closures, and other adverse conditions, RedWeek cannot warrant or guarantee that all such issues have been identified or disclosed. Any concerns Renter has about how their stay may be affected should be addressed with the Resort prior to booking. If Renter has specific needs or requests that will affect their travel (i.e. accessible unit/ground floor, pets, etc.), the Renter must verify these factors with the Owner/RedWeek prior to submitting Rent Payment to avoid cancellation penalties.
• 5. Renter understands that resorts on RedWeek.com have on-site property management which maintains the Units and which may assign guests to a particular Unit upon check-in. Such management has the sole right to change the specific Unit provided to Renter, but the Unit Details listed above are confirmed with the resort and should not change with any Unit reassignment.
• 6. Renter agrees to use the Unit in accordance with all resort rules and regulations, including occupancy restrictions, pet 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.
• 7. 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 posting. However, Renter acknowledges that the Renter is solely responsible for determining taxes and fees charged to resort guests at check-in.
• 8. Renter agrees to maintain the Unit in the same condition as it was at the start of the Rental Period. 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.
• 9. Renter may not sublease the Unit or assign this Agreement without explicit written consent from RedWeek and the Owner.
• 10. Rental Payment Terms:
  • 10.1. Upon being notified of Renter's full Rental Payment due under this Agreement, RedWeek will begin a review of the transaction (hereinafter "Review Period"). RedWeek may, in its sole discretion, require additional documentation, proof of identity, a change to the Renter's payment method, or other such information deemed necessary to confirm the rental and protect all parties. Owner agrees to change the name on the reservation and forward a new confirmation. Both Renter and Owner agree to make a best-faith effort to comply with any such requests in a timely fashion. Upon completion of the Review Period, RedWeek will issue an e-mail confirmation ("Confirmation") to both Owner and Renter, at which point this Agreement in its entirety becomes effective (but is not in effect until such Confirmation is issued), and the Rental Payment will thereafter be subject to the escrow provisions of this Agreement. If RedWeek does not issue a Confirmation, RedWeek will refund the Rent Payment to the Renter, at which time Renter, Owner, and RedWeek are relieved of all further obligations under this Agreement.
  • 10.2. Once RedWeek issues a Confirmation, neither Owner nor renter may cancel this Agreement except in accordance with sections 11, 12, and 13.
  • 10.3. RedWeek will collect the total Rent Payment from the Renter and will process the disbursement to the Owner after deducting all service fees, commissions, or other amounts due to RedWeek. The Owner's share of the Rent Payment will be remitted to the Owner within two business days after check-in, subject to the resolution of any disputes and compliance by the Owner with U.S. federal tax requirements, in accordance with this Agreement.
  • 10.4. Renter waives Renter's right to challenge any charges with their credit card company. If Renter submits any dispute, cancellation, or challenge through their bank, credit card company, or other financial institution, rather than following the dispute process as set forth in this Agreement, then RedWeek and/or Owner may (without any notice to Renter) pursue a claim against Renter for any and all damages incurred by RedWeek and/or Owner including, but not limited to, the cost of pursuing those damages (attorneys' and paralegal fees and costs), and any chargeback amounts, any fees, and interest at the highest rate permitted by law.
  • 10.5. RedWeek is required to obtain taxpayer information from the Owner prior to the disbursement of funds in order to comply with U.S. federal tax regulations. If taxpayer information is not provided, RedWeek may be required to remit a portion of the funds to the IRS. Owner will be responsible and liable for payment of all taxes and fees owed as a result of renting the Unit.
• 11. Cancellations: Renter and Owner agree to the following Cancellation Policy once RedWeek issues the Confirmation: 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.
  • 11.1. Any challenges or withdrawal of the Rent Payment are strictly prohibited per section 10.4 and will result in a cancellation of the reservation and cancellation penalties and fees will apply. RedWeek will pursue collection of these funds through all available means, including collection agency and/or legal proceedings, and maintains the right to report the unpaid debt to credit agencies.
  • 11.2. If the Owner modifies the reservation after Confirmation or neglects responsibilities required to maintain the reservation, resulting in the Unit being unavailable for Renter during the Rental Period, Owner shall be liable for any and all costs and damages incurred by the Renter and/or RedWeek for securing re-accommodation.
  • 11.3. All check-in and cancellation dates will use Pacific Time, regardless of the time zone of Owner, Renter, or Resort.
  • 11.4. All cancellations must be completed through RedWeek.com. Cancellations completed through any other channel will result in a 100% cancellation penalty.
• 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 any other reason beyond the Owner's control (including, but not limited to, illness, airline interruptions, job loss, government mandate or restrictions) are the sole responsibility of the Renter, and the Cancellation Policy in section 11 applies. Renter is encouraged to purchase trip interruption and cancellation insurance for such matters.
• 13. Disputes:
  • 13.1. If the Renter does not receive the Unit as described in the Unit Details section, they should open a dispute directly with RedWeek at https://www.redweek.com/dispute by 12 pm (noon) PT on Dec 16, 2017.
  • 13.2. If there is a material discrepancy between the Unit received and the Unit Details described in this Agreement, RedWeek will attempt to resolve the issue or recommend an adjustment to the payouts to reflect the discrepancy.
  • 13.3. If there is any dispute between the parties to this Agreement about the Rent Payment that cannot be resolved, and if RedWeek is in doubt as to whether to pay or refund the Rent Payment, RedWeek may interplead all parties and deposit the Rent Payment with a court for the court's determination as to who is entitled to the Rent Payment. Notwithstanding anything to the contrary provided herein, no dispute shall limit or restrict RedWeek's rights to the interest earned in connection with the escrow account as provided in this Agreement.
• 14. If Renter purchased the optional travel insurance, the policy or description of coverage for the trip can be found here: https://www.csatravelprotection.com/certpolicy.do?product=g-330csa. The travel protection, if purchased, provides coverage for unused, nonrefundable payments if the 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.
• 15. 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 Rent Payment, not any additional financing charges incurred.
• 16. 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.
• 17. Neither RedWeek nor Owner are responsible for any inconvenience, unavailability, or interruption of services due to repairs, improvements, on-site construction, amenity closures, reasonable resort substitutions (specific unit, bed types, etc.), or for any other reason beyond the Owner's control. Owner is responsible for providing Renter with reasonable notice of any such inconveniences of which Owner becomes aware.
• 18. 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.
• 19. Pursuant to Florida Law, the parties to this Agreement acknowledge and agree that, upon collection, the Rent Payment will be deposited within three (3) business days into an insured escrow account in a depository doing business in Florida. If the Rental Payment is held in an insured, interest bearing account, the Owner and Renter expressly waive and disclaim any rights to the interest that may accrue on the Rent Payment and both hereby consent to the payment of all such interest to RedWeek, irrespective of how or when the interest accrues and regardless of whether or not the rental occurs. All interest earned in the escrow account shall be disbursed to RedWeek on a monthly basis.
• 20. Notwithstanding any provisions of this Agreement to the contrary, 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.