Terms and Conditions

Below is a sample rental agreement between guest and Yellow Bird Vacations.  Certain sections may be altered (added) depending on a property allowing pets, having a hot tub / pool, etc.  Yellow Bird is happy to discuss any items you may have questions on.  
   
This Agreement is entered into by guest and between Yellow Bird Vacations as agent for owner of this vacation rental home and (hereinafter referred to as the "Guest"), who is responsible for the actions of his/her family and guests.
 
NOTICE:   BY THE TERMS OF THIS GUEST OCCUPANCY AGREEMENT, YELLOW BIRD VACATIONS, OWNER, AND THE GUEST ARE INTENDING TO CREATE A PROPRIETOR/LICENSEE RELATIONSHIP AND NOT A LANDLORD/TENANT RELATIONSHIP.  Client contact info may be transmitted to local homeowner associations when required.
 
PROPERTY
Guest hereby hires from Yellow Bird Vacations (Owner’s Agent), for use as a vacationing home those premises described above as (hereinafter "Property"), for a term commencing on the dates and times described above.  Check-out is made by all persons vacating the property, locking the doors, and returning the key(s) to Yellow Bird office within 20 minutes of check-out time. Failure to check-out at the agreed time shall result in a late check-out penalty fee billed at the rate of $50.00 per half hour.
PAYMENT
A.  Upon check-in the Guest shall provide Yellow Bird Vacations with Guest’s credit card number in the event additional charges be incurred during the stay at the property, including but not limited to charges for damages or other violations of this agreement.  Yellow Bird Vacations may bill tenant for expenses or charge their credit card for the applicable charges.
B. An initial down payment in the amount of ½ of total payment due is required at the time the reservation is made.  This payment shall be used to secure the use of the Property for the Term and the performance of the Guest’s obligations under this Agreement.  The balance of the Guest Fee shall be due in full four (4) weeks prior to the check-in date above.  If reservation is made under 30 days from stay, full payment is required. 
C. Initial payments are non-refundable unless we are able to rebook the home. Agent will make reasonable efforts to rebook. If our attempts at rebooking are successful, Guest will receive a refund of the initial payment less a $300 rebooking fee. All cancellations must be in writing and delivered to Agent by mail or email.
D. In case of major appliance failure, Agent will make every effort to have the appliances and/ or systems repaired immediately for Guest. In the event Agent cannot have repairs effected within a reasonable amount of time, Agent will make accommodations for necessary items. If Property does not meet a reasonable expectation for use, e.g. function of major appliance and said major appliance cannot be repaired in a short time, then Guest will receive a small refund for the inconvenience of the non-functioning major appliance. Major appliances shall include refrigerator, HVAC, and furnace.
E. If there is a power outage and Guest vacates the Property with the permission of Agent, a refund for the unused period will be paid to Guest. If Guest continues to stay, no refunds will be given and section E becomes null and void.
 
DAMAGE WAIVER
       Your total rental rate includes a non-refundable damage waiver that provides up to $1000.00 in coverage for accidental damage that occurs during the time delineated by this agreement.  Guest must notify the Yellow Bird Vacations office immediately when damages occur.  Any damage that is determined to be malicious or negligent will not be covered.
       Guest is responsible for any and all damages caused by their negligence or intentional acts. If damages occur during your stay, please contact the Yellow Bird Vacations office within 24 hours of the occurrence so that the damage can be reviewed and photographed. If any damages are noted by Yellow Bird Vacations’ staff upon inspection after departure of Guest, Guest agrees to pay the full cost of the repair plus a service charge, which will be billed to Guest’s credit card. Guest is responsible for damages caused by Guest’s invitees and other occupants.
       Guest hereby indemnifies and releases Owner and Agent from any and all liability for personal injury, wrongful death or property damage suffered by Guest which is caused in whole or in part by a latent condition on the Property. Guest understands this Agreement and acknowledges that neither Guest nor his/her heirs, personal representatives or assignees will be able to sue Owner, his/her heirs, personal representatives or assignees for any injury or damages that Guest suffers while on the Owner’s Property due to a latent defect. This provision includes all minors in the Guest’s care while on the Property.
       Guest acknowledges all open and obvious conditions of the Property, including the pool, hot tub, golf cart (if any), and all inherent dangers in the existence of these conditions on the Property. Guest assumes all responsibility for caring for and overseeing any minor child who is brought onto the Property. This Property is not child-proofed and Guest agrees to assume all care for minor guest’s safety. 
OCCUPANTS
       No more than max number of persons at ANY TIME are allowed on this Property. The person signing this Agreement must occupy the Property with the rest of their party. Agent has the option to terminate this Agreement or increase the Guest Fee at our discretion for the entire term of occupancy if this clause is violated. Non-approved parties or weddings are grounds of immediate eviction without a refund for rental or security deposit.
       Pets are not allowed at this property.  If pets or evidence of pets is found during Guest’s stay or after check-out, this agreement may be terminated per the Violations/ Disturbances paragraph below and a fine of $500 may be assessed. 
Services and Responsibilities of Owner, Agent and Guest
 
      If Internet access is provided, it is not unusual for unexpected interruptions or outages to occur. These are beyond our control and there will be no discounts or refunds due to interruptions in internet service.  Agent is not responsible for assistance in connection of guest devices to property internet access.

      Cellular telephone service in Southwestern Michigan can be spotty depending on location, carrier and specific cell phone. If the property has a land line, the Guest is responsible for all long distance or toll charges incurred while occupying the Property. Guest agrees to a $20.00 service charge plus the cost of any long distance or toll charges that will be billed to the credit card.
      If cable / satellite television is provided, Agent and Owner are not responsible for any unexpected interruptions that are beyond our control. No discounts or refunds shall be given for interruptions in service. The Guest is responsible for all “Pay Per View” charges incurred. Guest agrees to a $20.00 service charge plus the cost of the purchased movies. These charges will be billed to the credit card provided by Guest.
       There is a $50.00 charge for each lost key and/or Guest lockout.
        Housekeeping/Maintenance: Before Guest departure: 1) Please wash all dishes; 2) clean and empty outdoor grill, fire pit and fireplace; 3) take trash to outdoor cans; 4) replace furniture to original locations. Failure to comply will result in additional cleaning charges billed at $50.00 per hour. Fireplace is available for seasonal use only, and may not be used between May 15 and September 30.
        Violations/Disturbances: Guest understands and agrees that Agent(s) accept families and responsible adults over the age of 25 only. Guest also agrees that the premises shall not be occupied by more than the number of people stated in this Agreement and the number of cars shall not exceed the number stated in this Agreement. If the property is occupied by more than the number of people stated in the Agreement, an additional fee will be charged. Guest and all other occupants will be required to vacate the property immediately, with complete forfeiture of security deposit (if applicable) for any of the following violations:  1) use of property for any illegal activity, including but not limited to, the possession, serving or consumption of alcoholic beverages by or to any person less than 21 years of age; 2) consumption or use of any illegal substances; 3) loud music and/or disruptive behavior; 4) causing damage to the property or to any neighboring properties; 5) any other acts which may interfere with the neighbors’ quiet enjoyment of their property or the beach, including violation of any association rules.
       All occupants shall comply with all statutes, ordinances and requirements of all municipal, state and federal authorities now in force, or which may hereafter be in force, pertaining to the use of the Property.  This includes homeowner’s association rules which will be provided by Agent if applicable.
       As long as Guest performs all the covenants and conditions of this Agreement, he/she shall have peaceful and quiet enjoyment of the Property for the term stated herein. Quiet hours are 10:00 PM local time to 8:00 AM local time for the Property, the beach and the pool where applicable. 
Miscellaneous Provisions
A     Yellow Bird Vacations reserves the right to enter the Property at all reasonable hours of the day for the purpose of inspection, cleaning, or to make repairs, with advance notification to Guest whenever reasonably possible.
B.     Assignments of this Agreement are not allowed, without the prior written consent of Yellow Bird Vacations.
C.     If an action is brought under this Agreement by reason of a breach of any provision in this Agreement, the successful party shall be entitled to attorney’s fees and cost.
D.    One or more waivers of any provision or condition of this Agreement by Yellow Bird Vacations shall not be construed as a waiver of any other provision or condition. Waivers must be in writing.
E.     This Agreement sets forth all the promises, agreements, conditions and understandings, either oral or written, between Agent and Guest that are not herein set forth. No alteration, amendment, change or addition to this Agreement shall be binding upon either party unless reduced to writing and signed by each party.
F.     If any clause, phrase, provision or portion of this Agreement shall be invalid or unenforceable under applicable law, such event shall not effect, impair or render invalid or unenforceable the remainder of this Agreement.
G.    Agent Yellow Bird Vacations shall not be responsible for loss of personal property by Guest, occupants, and/or visitors during Guest’s stay on the Property. It is the Guest’s responsibility to secure the Property against theft or loss during the rental form. If lost items are found and returned to Guest there will be a reasonable handling fee added to the actual shipping cost.
H.    This Agreement shall be governed by, and construed in accordance with the laws of the State of Michigan. Venue for any legal action to enforce or interpret this Agreement shall be in Berrien County, Michigan.
I.      Guest and their invitees must comply with all applicable laws, codes and ordinances.
J.      Fireworks are not allowed at any Yellow Bird Vacations rental properties and are subject to the terms of the Violations/Disturbances paragraph stated above.
K.     When allowed, beach fires are to be monitored at all times, and must be completely out with all debris completely removed after each use. Fire pit usage is allowed in pre-approved areas only, and is subject to seasonal and conditional restrictions.
L.     Beaches shift and change sizes every year, sometimes in as little as 24 hours. Agent cannot be held responsible for erosion caused by weather. No refunds or discounts will be issued.
M.  SMOKING: IS NOT ALLOWED INSIDE THIS PROPERTY. Property is a non-smoking home. Smoking guests are welcome to smoke on the outside deck (please ensure cigar/cigarette butts are properly extinguished and properly and safely disposed in the garbage - NEVER throw butts/matches in the yard). Failure to comply will result in immediate termination of this agreement, forfeiture of security deposit and (rental fee in case of eviction) and you will be held responsible for all associated costs and repairs for violation of smoking rules.
 
GUEST HAS READ THIS DOCUMENT AND UNDERSTANDS IT.