This Vacation Rental Agreement (the “Agreement”) is made and effective (“Effective Date”) by and between Revana Realty ( “Manager”) and (collectively “Guest”), individually and collectively referred to as the “Party” or “Parties.”
WITNESSETH, that for good and valuable consideration, Manager will rent the Premises, as defined herein and on behalf of the Premises’ vested title owner (“Owner”), to the Guest, and the Guest desires to rent the Premises from Manager, upon all the following terms and conditions:
Manager of hereby rents to Guest the residential property located at the following address: (the “Premises”).
II. RENTAL TERM.
The term of this Agreement (the “Rental Term”) will commence the Check-In Date and will continue until the Check-Out Date, as provided herein. The Check-In time shall not be earlier than on the Check-In Date, and Guest shall vacate the Premises on or before on the Check-Out Date. Upon the Check-Out Date, Guest shall be required to vacate the Premises, unless one of the following circumstances occur: (i) Manager and Guest formally extend this Agreement in a signed writing or execute a new, written, and signed Agreement; or (ii) Manager willingly accepts new consideration, i.e., rent, from Guest, which does not constitute past due rent.
Check-In Date: __________
Check-Out Date: __________
Total Rental Term: Nights
Guest shall pay to Manager, the sum of Dollars as rent (the “Rent”) for the entire Rental Term of the Agreement. Rent shall be paid in two installments: 50% due concurrently with the execution of this Agreement (the “Non-Refundable Deposit”); and the remaining 50% (the “Balance”) due not less than 30 days prior to the Check-In Date. The Non-Refundable Deposit is deemed to be earned upon receipt and non-refundable. If this Agreement is canceled by Guest in writing prior to the date the Balance is due, Guest shall forfeit the Non-Refundable Deposit but shall be released from the remaining Balance due. If Guest cancels this Agreement after the date the Balance is due, the entire Rent will be deemed earned and Manager will retain the entire Rent as liquidated and agreed upon damages. If Guest fails to pay the Balance on or before the date it is due, Manager may terminate this Agreement and retain the Non-Refundable Deposit as liquidated and agreed upon damages.
COVID-19 and its consequences are no longer unforeseen or unexpected after the declaration of COVID-19 as a global pandemic by the World Health Organization. COVID-19 is no longer an unforeseen circumstance that merits a reservation cancelation resulting in a refund or reschedule.
COVID-19 related circumstances include: transportation disruptions and cancellations; travel advisories and restrictions; health advisories and quarantines; changes to applicable law; and other government mandates—like evacuation orders, border closures, and shelter-in-place requirements. The standard cancellation policy will apply as usual.
IV. SECURITY DEPOSIT; DAMAGE WAIVER; DAMAGES.
Guest is required to provide a valid credit card on file with Manager to be used as the security deposit (“Security Deposit”), Guest will be contacted with any report of issues, including, without limitation: Damages (define below); additional expenses; penalties or other assessments (“Costs”), discovered by Manager.
The Damage Waiver covers purely ACCIDENTAL damage caused by Guest up to $1,000.00 during Rental Term to the Premises listed above. The Damage Waiver does NOT cover:
- Damage that occurs if Guest is in violation of this Agreement,
- Loss, theft or damage to any personal effects owned by Guest or brought on Premises by Guest,
- Guest’s intentional acts, recklessness, or negligence resulting in damage.
Your duties in the event of damage:
- Guest must report the loss or damage in writing through e-mail prior to checkout. E-mail Manager at email@example.com,
- Guest must report damage that needs prompt attention, example: a broken window, immediately in writing and by phone to the Manager,
- Guest must take all reasonable, necessary steps to protect the property and prevent further damage to it.
At the expiration of the Rental Term, Guest will be responsible for any and all damage/loss to the Premises not covered by Damage Waiver, including, without limitation: excessive wear and tear; damaged/broken items or fixtures; tampering with the Premises’ AV/control systems; stain/tears in furniture; scratches in flooring; structural damages to interior/exterior walls; plumbing/sewer damages; and any other like required repairs (collectively “Damages”) to put the Premises in the same condition as it existed at the Check-In Date. Guest will pay to Manager the costs of any Damages immediately upon receipt of written demand from Manager, said written demand will be accompanied by invoices or other documentation outlining the cost of such Damages. Guest agrees that Manager may, at his/her sole discretion, charge the payment method on file for the Damage expenses, as outlined above. At Check-In Date, Guest stipulates, represents and warrants that Guest has examined the Premises, and determined that the Premises is in good order, repair, and in a safe, clean and usable condition.
V. PERMITTED USE OF PREMISES; PREMISES CONDITION.
GUEST MUST BE AT LEAST THIRTY-THREE (33) YEARS OF AGE TO ENTER INTO THIS AGREEMENT. GUEST MUST BE PRESENT AT CHECK-IN WITH VALID IDENTIFICATION. MANAGER RESERVES THE RIGHT TO TERMINATE THIS AGREEMENT WITHOUT REFUND IF GUEST DOES NOT MEET THIS REQUIREMENT.
The Premises will be used and occupied solely by Guest and Guest’s permitted occupants, with MAXIMUM OCCUPANCY NEVER EXCEEDING (adults/children) PERSONS (“Occupancy Limit”). A $250.00 fine will be charged per guest per night upon an Occupancy Limit violation. Occupants will include Guest friends and family exclusively (“Permitted Occupants”), all of whom must comply with the conditions and restrictions imposed upon Guest under this Agreement. THE PREMISES IS EQUIPPED WITH OCCUPANCY MONITORING DEVICES TO NOTIFY MANAGER OF OCCUPANCY LIMIT VIOLATIONS.
At NO time will any part of the Premises be used during the term of this Agreement by Guest for events, parties, bachelor/bachelorette party, weddings, commercial purpose of any kind, or for any purpose other than as a private single family dwelling. Guest will not allow any other person, to use or occupy the Premises without first obtaining Manager’s written consent. VIOLATION WILL RESULT IN IMMEDIATE REMOVAL FROM PREMISES.
Guest and any additional Permitted Occupants will refrain from loud noise and will not disturb, annoy, endanger, or inconvenience neighbors; nor will
Guest will comply with any and all applicable local, state and federal laws, regulations, ordinances, rules and orders regarding the cleanliness, use, occupancy and preservation of the Premises. THE PREMISES IS LOCATED IN A CITY THAT HAS A STRICT NOISE CONTROL ORDINANCE. THE PREMISES IS EQUIPPED WITH NOISE MONITORING EQUIPMENT THAT WILL NOTIFY MANAGER OF NOISE VIOLATIONS. GUEST WILL BE REMOVED FROM PREMISES IF FOUND TO BE IN VOILATION OF THE LOCAL NOISE ORDINANCES.
Guest will use the Premises solely for residential purposes, in a careful manner preventing any damage or loss to the Premises, and maintain the Premises in clean and sanitary condition at all times. Guest may not use the Premises for any immoral, offensive or unlawful purposes; nor will Guest violate any law, association rule or ordinance; nor commit waste or nuisance on or about the Premises. Guest will not make any alterations or improvements to the Premises, or construct any building on the Premises. Guest will not use or keep any hazardous, dangerous, flammable or explosive item or material on the Premises during the Rental Term.
The Premises is provided in an “as is” condition. Manager will use his/her best efforts to ensure the operation of all amenities in the Premises, including, Internet access, satellite or cable TV, spas, pools, fireplaces, appliances, and decks (“Amenities”) – as applicable per Premises. Manager is not responsible for the failure of any amenity; however, Manager will promptly make all reasonable efforts to correct any issues reported by Guest. Guest acknowledges that use of Amenities may be potentially dangerous and involve certain risks if improperly used — specifically with regard to children — such use is at the Guest’s own risk. Guest certifies that children’s use and access to all Amenities will be supervised by an adult at all times. During the Rental Term Guest agrees to cover the spa and close pool gates — as applicable — at all times when the spas or pools, respectively, are not in use. Arizona law requires children five years old and younger may only occupy a home with a pool if the pool is separately fenced away from home with a self-latching gate. This Premises does not meet the Arizona Pool Barrier requirements for children five and under. The Guest understands that they have been advised of A.R.S 33-1681 and accepts the risk of the pool and holds Owner, Manager and its agents harmless and hereby waives any and all claims against Owner and Manager of Premises, as to the use of the pool.
If the Premises has a swimming pool with heating capabilities and Guest requests the pool to be heated, Guest will be charged a fee (“Pool Heat Fee”) in addition to the above proscribed Rent. If the Premises has a hot tub, it will be heated for Guest at no additional charge.
VI. ASSIGNMENT AND SUB-LETTING.
During the Rental Term of this Agreement, Guest will not assign, sub-let, nor grant any license for use of the Premises or any part thereof without the prior signed, written consent of Manager, which consent is in Manager’s absolute and sole discretion. Any assignment, sub-letting or license by Guest of the Premises without the prior written consent of Manager will be null and void and will immediately, at Manager’s option, terminate this Agreement.
VII. NON-DELIVERY OF POSSESSION.
In the event Manager cannot deliver possession of the Premises to Guest upon the Check-In Date, Owner and/or its agents will have no liability to Guest other than a refund of Guest’s Rent.
VIII. LIMITATION OF LIABILITY.
NEITHER OWNER, MANAGER, NOR THEIR RESPECTIVE AGENTS WILL BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE THE PREMISES, EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, EXCEPT FOR MANAGER OR OWNER’S GROSS NEGLIGENCE OR WILLFUL MISCONDUCT. OWNER AND MANAGER ARE SPECIFICALLY NOT LIABLE FOR ANY DAMAGES OF GUEST’S USE OR ACTIONS TAKEN ON THE PREMISES, EXCEPT FOR THEIR GROSS NEGLIGENCE OR WILFULL MISCONDUCT. IF THE FOREGOING LIMITATION IS HELD TO BE UNENFORCEABLE, MANAGER AND OWNER’S MAXIMUM LIABILITY TO GUEST WILL NOT EXCEED THE AMOUNT OF ALL RENT PAID BY GUEST DURING THE USE OF THE PREMISES. SOME STATES DO NOT ALLOW LIMITS ON INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THESE LIMITS MAY NOT APPLY TO GUEST.
IX. HAZARDOUS MATERIALS.
Guest will not bring or keep on the Premises any item of a dangerous, flammable or explosive character that might unreasonably increase the danger of fire or explosion on the Premises or that might be considered hazardous or extra hazardous by any responsible insurance company.
Manager will be responsible for arranging utility services to the Premises. Please note, the cost of normal utilities is included in the Rent. Any additional expenses for excessive utility use, including, without limitation: excess AC use; pay-per-view movies; long distance phone calls; or the like, will be incurred by Guest, and such expenses will be charged to Guest.
XI. MAINTENANCE; REPAIRS.
Manager will, at his/her expense, keep and maintain the Premises and appurtenances in good and sanitary condition and repair during the Rental Term of this Agreement. If repair or maintenance of the Premises is required, Guest shall promptly notify Manager and allow a reasonable time for such repairs to be completed, if applicable.
XII. RULES; REGULATIONS.
Guest agrees to comply with all rules and regulations established by Manager regulating use of the Premises during the Rental Term. Without limiting the generality of the foregoing, Guest will:
I. Not obstruct the driveways, sidewalks, courts, entryways, stairs and/or halls, which will be used for the purposes of ingress and egress only;
II. Not use the Premises other than for the Permitted use as defined herein;
III. Not leave windows or doors in an open position during any inclement weather;
IV. Use all lavatories, sinks, toilets, and all other water and plumbing apparatus in only for the purposes for which they were constructed. Guest shall not allow any sweepings, rubbish, sand, rags, ashes or other substances to be thrown or deposited therein. (Any damage to any such apparatus and the cost of clearing stopped plumbing resulting from misuse shall be borne by Guest);
V. Keep all radios, television sets, stereos, etc., turned to a level of sound that does not annoy or interfere with other residents.
XIII. GUEST HOLDOVER.
Unless otherwise agreed in a signed writing by Manager, if Guest remains in possession past the Check-Out Date or past any notice of Termination by Manager, Guest will be deemed to be in wrongful holdover and will be subject to all the rights and remedies provided to Manager and Owner under this Agreement and any applicable laws, including, without limitation, any forcible entry and detainer actions or other eviction processes, and Guest will be liable for all past-due Rent and 1.5 times the Rent for the period that Guest is in wrongful possession. Guest will indemnify Manager against all liabilities and damages sustained by Manager by reason of such holdover. If Guest remains in possession of the Premises past the Check-Out Date upon the consent of Manager, the Rental Term will be extended only for the number of days agreed to in a signed writing by Manager.
XIV. SURRENDER OF PREMISES.
Upon the expiration of the Rental Term, Guest will surrender the Premises in as good a condition as it was at the Check-In Date of this Agreement. Manager will consider any personal property belonging to Guest and left on the Premises to have been abandoned, in which case Manager may dispose of all such personal property in any manner Manager shall deem proper. Manager is hereby relieved of all liability for disposing of Guest’s abandoned personal property.
NO ANIMALS OR PETS are allowed or permitted on or about the Premises, unless authorized/consented by Manager in a signed writing.
NO SMOKING is allowed or permitted inside the Premises. Guest agrees to maintain a nonsmoking environment and is responsible for ensuring Permitted Occupants adhere to this restriction. Guest remains liable for any violation of this provision.
XVII. QUIET ENJOYMENT.
Upon the complete payment of Rent by Guest, Guest’s satisfactory performance of Guest’s obligations outlined herein, and Guest’s observance of all rules and regulations, Guest may peacefully and quietly have, hold and enjoy the Premises for the Rental Term.
Owner and Manager will not be liable for any damage or injury to Guest, Guest’s occupants, family, invitees, or their respective property arising out of the use and occupancy of the Premises. Guest will indemnify, defend and hold Owner and Manager harmless for, from and against any and all claims, liabilities, damages, attorneys’ fees, court costs or assertions of any kind and nature arising out of this Agreement or the use and occupancy of the Premises by Guest and Guest’s invitees, unless caused by the gross negligence or willful misconduct of Owner or Manager.
Guest hereby covenants and agrees to indemnify, defend and hold harmless Owner, Manager, and their respective employees, agents, rental agents, successors, employees and contractors from and against any costs, damages, liabilities, claims, legal fees and costs, or attorneys’ fees incurred by Guest, occupants, visitors or agents, representatives or successors of Guest (“Occupants”) due to any claims relating to destruction of property or injury to persons or loss of life sustained by Occupants arising out of the use and occupancy of the Premises by Guest and Guest’s invitees under this Agreement, unless caused by Owner’s or Manager’s gross negligence or willful misconduct.
Guest hereby waives and releases any claims against Owner, Manager, and their respective employees, agents, rental agents, contractors and their successors, assigns, employees or representatives, officially or otherwise, for any injuries or death that may be sustained by Guest on, near or adjacent to the Premises, including any common facilities, activities or amenities. Guest agrees the use any such facility or amenity is entirely at the Guest’s own initiative, risk and responsibility.
Guest agrees that all personal property, furnishings, personal affects or other items brought into the Premises by Guest or their occupants and visitors will be at the sole risk of Guest with regard to any theft, damage, destruction or other loss and Owner and Manager will not be responsible or liable for any reason whatsoever.
XIX. DEFAULT; REMEDIES.
Manager will have all the rights and remedies provided in this Section or elsewhere herein, in the event that: (i) Guest defaults in the payment of any sum of money required to be paid hereunder and such default continues for five (5) days after written notice thereof from Manager to Guest; (ii) Guest defaults in the performance of any other term, covenant or condition of this Agreement, and such default continues for five (5) days after written notice thereof from Manager to Guest; (iii) Guest vacates or abandons the Premises during the Rental Term of this Agreement without notice; or (iv) there has commenced any case in bankruptcy against Guest.
In the event of default as designated in this Section or elsewhere herein, in addition to any other rights or remedies provided for herein or at law or in equity, Owner and Manager, at their sole option, will have the following rights: (i) the right to declare the Rental Term ended and to reenter the Premises and take possession thereof, and to terminate all of the rights of Guest in and to the Premises; (ii) the right with/without declaring the Rental Term ended, to reenter the Premises and to occupy the same, or any portion thereof, for and on account of Guest as hereinafter provided, and Guest shall be liable for and pay to Owner/Manager on demand all such expenses as Owner/Manager may have paid, assumed, or incurred in recovering possession of the Premises including costs, expenses, attorneys’ fees and expenditures placing the same in good order and condition, and all other expenses, commissions and charges paid, assumed or incurred by Owner/Manager in or in connection with re-renting the Premises; or (iii) Owner/Manager may remove all persons from the Premises and may, but will not be obligated to, remove all property therefrom, and may, but will not be obligated to, enforce any rights Owner/Manager may have against said property or store the same in any public or private warehouse or elsewhere at the cost and for the account of Guest or the Owner/Manager thereof, Guest agrees to hold Owner/Manager free and harmless from any liability whatsoever, for the removal and/or storage of any such property, whether of Guest or any third party whomsoever.
In the event of termination of this Agreement pursuant to this Section XIX, Owner/Manager may recover from Guest: (i) any unpaid Rent which has been earned at the time of such termination; plus (ii) the amount by which the unpaid Rent for the balance of the Rental Term after termination; plus (iii) any other amount necessary to compensate Owner/Manager for all the detriment proximately caused by Guest’s failure to perform its obligations under this Agreement; plus (iv) any and all expenses for Damages to the Premises as outlined in this Agreement.
In any action brought by Owner/Manager to enforce any of its rights under or arising from this Agreement, Owner/Manager will be entitled to receive its costs and legal expenses including reasonable attorneys’ fees, whether such action is prosecuted to judgment or not. If Manager/Owner engages the services of an attorney for the purpose of collecting any rental due from Guest, Guest will pay the reasonable fees of such attorney for his or her services regardless of the fact that no legal proceeding or action may have been filed or commenced. The Parties hereto will and hereby waive trial by jury in any action, proceeding or counterclaim brought by either of the Parties hereto against the other on any matters whatsoever arising out of or in any way connected with the Agreement, the relationship of Owner/Manager and Guest, Guest’s use of occupancy of the Premises, and/or any claim of injury or damage.
The waiver by Owner/Manager of any default or breach of any of the terms, covenants or conditions hereof on the part of Guest to be kept and performed shall not be a waiver of any preceding or subsequent breach of the same or any other term, covenant or condition contained herein. The subsequent acceptance of Rent or any other payment hereunder by Guest to Owner/Manager will not be construed to be a waiver of any preceding breach by Guest of any term, covenant or condition of this Agreement other than the failure of Guest to pay the particular rental or other payment or portion thereof so accepted, regardless of Owner/Manager’s knowledge of such preceding breach at the time of acceptance of such rental or other payment. No payment by Guest or receipt by Owner/Manager of a lesser amount than the rent herein provided will be deemed to be other than on account of the earliest rent due and payable hereunder, nor will any endorsement or statement on any check or any letter accompanying any check or payment as rent be deemed an accord and a satisfaction, and Owner/Manager may accept any such check or payment without prejudice to Owner/Manager’s rights to recover the balance of such rent or pursue any other remedy in or under this Agreement.
Nothing contained herein will constitute a waiver of Owner/Manager’s right to recover damages by reason of Owner/Manager’s efforts to mitigate the damage to it caused by Guest’s default; nor will anything in this Section adversely affect Owner/Manager’s right, as in this Agreement elsewhere provided, to indemnification against liability for injury or damage to persons or property occurring prior to a termination of this Agreement.
Guest hereby agrees that for a period of twelve (12) months following the termination of this Agreement with the Manager (such period not to include any period(s) of violation or period(s) of time required for litigation to enforce the covenants herein) he/she/they will not directly or indirectly, on behalf of himself/herself/themselves or any other individual, organization, or entity, solicit, encourage or facilitate any customer, client, or employee who has done business with the Manager, in the preceding 24 months, to engage in, transact or do business with himself/herself/themselves or any other business, person, or entity concerning the rental business of the Manager (i.e., the renting or marketing of residential homes as vacation rentals). This provision does not exclude the right of Guest to independently rent his/her/their home as a vacation rental.
Guest acknowledges that the protections afforded to the Manager herein, are reasonable and necessary. Guest agrees that the Manager will be entitled to the cost of all legal fees and expenses incurred in investigating and enforcing the covenants contained herein, including fees and expenses incurred prior to filing suit.
XXI. ATTORNEYS’ FEES.
Should it become necessary for Manager to employ an attorney to enforce any of the conditions or covenants hereof, including the collection of rentals or gaining possession of the Premises, Guest agrees to pay all expenses so incurred, including reasonable attorneys’ fees and court costs.
XXII. GOVERNING LAW.
This Agreement will be governed, construed and interpreted by, through and under the Laws of the State of Arizona, without reference to conflict of laws principles. The Parties to this Agreement expressly agree and recognize that the Arizona Residential Landlord Tenant Act does not apply to this Agreement. See A.R.S. § 33-33-1308 (Transient Lodging exempted from ALTA); instead, the Parties’ relationship is governed by A.R.S. § 33-301 et. seq.
If the application of any provision of this Agreement is held to be invalid, illegal or unenforceable by a court or other tribunal of competent authority, such provision will be deemed to be restated to reflect, as nearly as possible, the original intent of the Parties in accordance with applicable law. The remainder of this Agreement will remain in full force and effect.
XXIV. BINDING EFFECT.
The terms, provisions, covenants and conditions contained in this Agreement shall apply to, bind and inure to the benefit of the heirs, executors, administrators, legal representatives, successors and assigns (where assignment is permitted), of the Parties hereto.
XXV. DESCRIPTIVE HEADINGS.
The descriptive headings used herein are for convenience of reference only and they are not intended to have any affect whatsoever in determining the rights or obligations of the Owner/Manager or Guest. This Agreement will not be construed either for or against Manager or Guest, but will be interpreted in accordance with the general tenor of its language.
XXVI. HOLIDAY RENTAL, INC.
Guest and Manager acknowledge that Holiday Rental, Inc.’s participation in this transaction was solely for the efficient, seamless and advanced marketing efforts of luxury vacation rentals on behalf of Manager. Holiday Rental, Inc. is not a party to the transaction for any purpose other than marketing the Premises and bringing together the Parties for the purposes of this Agreement.
No failure or delay by either Party to exercise any right or power under this Agreement will be construed as a waiver, nor will any single or partial exercise of any right or power preclude any further or subsequent exercise thereof, nor shall it affect the Parties’ duties, obligations, and liabilities hereunder.
XXVIII. FORUM; JURISDICTION.
In the event that any litigation needs to be brought in connection with the enforcement, termination, interpretation or breach of this Agreement or any term hereof, the Parties agree that any litigation between the Parties may only be brought in federal district court in Arizona, or in the event subject-matter jurisdiction is lacking, in a Arizona State Court of competent jurisdiction. By execution of this Agreement, the Parties are consenting to personal jurisdiction in Arizona limited to matters concerning the employment relationship between them.
XXIX. ENTIRE AGREEMENT; MODIFICATION.
This Agreement constitutes the complete agreement of the Parties and supersedes all prior or contemporaneous understandings, agreements, or representations, written or oral, of the Parties. This Agreement shall not be modified, changed, altered or amended in any way except through a writing signed by all Parties hereto, and expressly declared to be an amendment or modification of this Agreement.
This Agreement may be executed simultaneously or in counterparts, each of which will be deemed an original, but all of which will constitute one and the same Agreement. Facsimile or email copies of the executed signature pages of this Agreement will be effective and binding upon the Parties as if such signatures were original signatures.
IN WITNESS WHEREOF, the Parties have caused this Agreement to be executed on the Effective Date first above written.
Guests signature: ______________________________