All online reservations must be approved electronically via e-mail by a reservationist. Terms and condition of the agreement are included below. An electronic execution copy of the agreement will be provided separately and must be completed and returned to finalize your reservation.
This Guest Occupancy Agreement and Reservation (collectively, the “Agreement”) is a legally binding agreement made and entered into as of the Reservation Date by and between the undersigned person(s) or company (the “Guest”) and Beachwalk Properties, LLC (“Agent”) on behalf of the Owner which the Guest has agreed to rent occupy the residence the Premises for the Term in consideration of the Total Amount and other good and valuable consideration as described herein. Any capitalized term not defined shall have the meaning given to it in the section entitled “Definitions”. The Guest and Agent agree that this Agreement is a license of the Premises and no real estate interest has been granted; there is no landlord-tenant relationship between the parties, and this Agreement is not subject to MCL 554.601 et seq., MCL 554.631 et seq., or any other statute that applies to the landlord or tenant relationship under Michigan law.
DEFINITIONS
“Owner” means the legal titleholder of the Premises.
“Premises” means the real property, improvements and appurtenances located at the commonly known address.
“Term” means the time period from the Check-In time and date to the Check-Out time and date set forth in the Reservation.
“Total Amount” means all costs, fees and any other sums owed by Guest under this Agreement.
OCCUPANCY AND USE
If Guest cancels prior to the beginning of the Term, any remuneration obtained for the Term from any substitute guest will be returned less a $300.00 administration fee. If a substitute Guest is not found, the Guest is not entitled a refund of any part of the Total Amount. Guest should consider travel insurance plans that may cover certain trip cancellations or interruptions. Guest acknowledges that the Guest is a minimum of 25 years of age. Guest agrees to provide security deposit in the form of a Visa, MasterCard, or Discover credit card. Guest is responsible to provide and update any credit card information prior to arrival. By electronically accepting this agreement, Guest authorizes Agent at its discretion to charge the Guest’s credit card for the material cost of any repairs, replacement, breakage, excessive cleaning charges, unauthorized events, other damages incurred during the Guest’s stay or returning furnishings and home accessories to their original location. Agent charges $35 per person hour for cleaning, relocation of furnishing and procuring replacement items, $70 per person hour for skilled or licensed persons and cost plus 10% for replacement items themselves. If the Premises are supplied with keys, there shall be a $50 fee for any keys not returned. Pay-per-view events that are not authorized in advance by the Agent will be charged at cost plus a $50 administration fee.
VACATION RENTAL DAMAGE PROTECTION
As a part of your stay, you may purchase a Vacation Rental Damage Protection plan designed to cover unintentional damages to the rental unit interior that occur during your stay provided they are disclosed to management prior to check-out. If purchased, the policy will pay a maximum benefit of $3,000. Any damages that exceed $3,000 or are not covered under the plan will be charged to the credit card on file. If, during your stay at one of our rental properties, an insured person causes any damage to real or personal property of the unit as a result of inadvertent acts or omissions, the Insurer will reimburse the Insured for the cost of repair or replacement of such property up to a maximum benefit of $3,000. Certain terms and conditions apply. Full details of the Vacation Rental Damage coverage are contained in the Description of Coverage or Insurance Policy. The Vacation Rental Damage plan can be purchased up to, and including at, check-in. By submitting payment for this plan, you authorize and request CSA Travel Protection and Insurance Services to pay directly Beachwalk Properties any amount payable under the terms and conditions of the Vacation Rental Damage. Please contact Beachwalk Properties directly if you do not wish to participate in this assignment.
OCCUPANCY
Unless authorized in writing, Guest agrees that no more than the maximum allowed persons shall be permitted on the Premises at any time during the Term, all of whom shall comply with the conditions and restrictions imposed upon Guest under this Agreement which is strictly enforced. The Agent has the sole right at is sole discretion to terminate this Agreement, demand surrender or increase the Guest Total Amount for the entire Term if these is evidence indicating one or more additional persons may have or may be occupying the Premises or sole or common appurtenances.
PETS
This Premises may or may not allow pets. Any pets brought to the Premises must be pre-approved by Agent, and Guest shall pay a non-refundable pet fee. If Agent determines the Guest has brought a pet to stay at the Premises and Guest has not previously disclosed its intention to bring a pet, Agent shall (i) retain charge a minimum fee of $300.00 for each pet, and/or may (ii) demand surrender of the Premises without notice to the Guest.
SMOKING PROHIBITION
The Premises is smoke-free and thus smoking anywhere on the Premises including, but not limited to, any balconies/patios is strictly prohibited by Guests, or its invitees, guests, visitors, agents, representatives or successors. If evidence of smoking on the Premises is found by Agent, it is agreed that Agent may charge Guest a $300.00 smoking fee in addition to charging Guest fees, costs, damages and lost income arising, directly or indirectly, from smoking, which is a payable on demand. The Agent has the further sole right at is sole discretion to terminate this Agreement, demand surrender of possession or increase the Guest Total Amount for the entire Term if these is evidence indicating smoking has occurred anywhere at the Premises.
CONDITION AND USE OF PREMISES
The Premises is provided in its “as is” condition. Guest acknowledges that use of amenities such as hot tubs, pools, spas, fireplaces, decks, and the like may be potentially dangerous and involve potential risks if improperly used, particularly with regard to children and such use is at the Guest’s own risk. The Guest represents, warrants, and agrees that Guest will upon arrival, examine the Premises, verify the Premises is in good order, repair, and in a safe, clean, tenantable condition and note any damages which may exist. Guest will notify Agent within 1 hour of arrival if Premises are not in such condition. The Guest understands and agrees that during the Term of the Agreement, the Premises and amenities may from time-to-time require repair due to unforeseen circumstances which are beyond the Agent’s or Owner’s control. The Guest further agrees that the Agent will remedy situations in a commercially reasonable time frame and manner based on the specific circumstances. Monetary compensation shall only be made as described further in this Agreement titled UNAVAILABILITY OF PREMISES.
Guest shall comply with the City of South Haven Rental Ordinance 1026 and any applicable associated documents in all respects including but not limited to noise and occupancy restrictions.
The undersigned Guest(s) must reside at the premises for the duration of the Term. The undersigned is responsible for insuring that any family members or guests abide by all of the rules set forth in this Agreement and those posted at the Premises. The Agent has the sole right at is sole discretion to terminate this Agreement, demand surrender or increase the Guest Total Amount for the entire Term if these rules and posting are not upheld.
MAINTENANCE RULES
Guest will keep and maintain the Premises in good and sanitary condition during the term of this Agreement and any renewal thereof. Without limiting the generality of the foregoing, Guest shall:
(a) Not obstruct the driveways, sidewalks, courts, entry ways, stairs and/or halls, which shall be used for the purposes of ingress and egress only;
(b) Not obstruct or cover the windows or doors;
(c) Not leave windows or doors in an open position during any inclement weather;
(d) Not hang any laundry, clothing, sheets, etc. from any window, rail, porch or balcony nor air or dry any of same within any yard area or space;
(e) Not cause or permit any locks or hooks to be placed upon any door or window without the prior written consent of Agent;
(f) Deposit all trash, garbage, rubbish or refuse in the locations provided therefor and shall not allow any trash, garbage, rubbish or refuse to be deposited or permitted to stand on the exterior of any building or within the common.
Guest shall use the Premises for residential purposes only and in a careful manner to prevent any damage or loss to the Premises and keep the Premises in clean and sanitary condition at all times. Guest and any additional permitted guests shall refrain from loud noise and shall not disturb, annoy, endanger, or inconvenience neighbors, nor shall Guest use the Premises for any immoral, offensive or unlawful purposes, nor violate any law, homeowner or condominium association bylaws, rules or ordinances, nor commit waste or nuisance on or about the Premises. This Agreement incorporates any and all of the provisions of any condominium association documents that may pertain to the Premises whether or not the Agent may furnish them. It is the sole obligation of the Guest to request these documents in the event they are not furnished.
ENTRY AND INSPECTION
Agent reserves the right to enter the Premises at reasonable times and with reasonable advance notice for the purposes of inspecting the Premises or showing the Premises to prospective purchasers, guests or other authorized persons. If Agent has a reasonable belief that there is imminent danger to any person or property, Agent may enter the Premises without advance notice.
ASSIGNMENT
Guest shall not assign the Premises or permit the use of any portion of the Premises by other persons who are not family members or guests of the Guest and included within the number of and as permitted occupants under this Agreement. If Guest shall assign this Agreement, Total Amount is immediately forfeited to Agent and the Agreement shall terminate. Agent has the right to assign this Agreement to a successor Owner of the Premises.
RISK OF LOSS AND INDEMNIFICATION
Guest agrees that all personal property, furnishings, personal affects and other items brought into the Premises by Guest or their permitted guests and visitors shall be at the sole risk of Guest with regard to any theft, damage, destruction or other loss and Agent shall not be responsible or liable for any reason whatsoever.
Guest covenants and agrees to indemnify and hold harmless Agent and their agents, owners, successors, employees and contractors from and against any costs, damages, liabilities, claims, legal fees and other actions for any damages, costs, attorney fees incurred by Guest, invitees, guests, visitors, agents, representatives or successors of Guest due to any claims directly or indirectly relating to damage or destruction of the Premises, property of Guest or Owner, or injury to persons or loss of life sustained by Guest, invitees, guests, visitors, agents, representatives or successors of Guest in or about the Premises and Guest expressly agrees to save and hold Agent harmless in all such cases.
Guest agrees that the amount of legal or equitable damages owing by Agent or Owner to Guest arising from or in connection with this Agreement shall be limited and not exceed the total amount set forth in the Reservation.
RELEASE
GUEST HEREBY WAIVES AND RELEASES ANY CLAIMS AGAINST AGENT, OWNER AND THEIR SUCCESSORS, ASSIGNS, EMPLOYEES OR REPRESENTATIVES, OFFICIALLY OR OTHERWISE, FOR ANY INJURIES OR DEATH THAT MAY BE SUSTAINED BY GUEST OR ITS INVITEES, GUESTS, VISITORS, AGENTS, REPRESENTATIVES OR SUCCESSORS ON OR NEAR OR ADJACENT TO THE PREMISES, INCLUDING ANY COMMON FACILITIES, ACTIVITIES OR AMENITIES. GUEST AGREES TO USE ANY SUCH FACILITIES OR AMENITIES ENTIRELY AT THE GUEST’S OWN INITIATIVE, RISK AND RESPONSIBILITY.
UNAVAILABILITY OF PREMISES
In the event the Premises is not available for use during the Term due to reasons, events or circumstances beyond the control of Agent, Agent will apply due diligence and good faith efforts to locate a replacement property that equals or exceeds the Premises with respect to occupancy capacity, location and value that meets the reasonable satisfaction of the Guest. If such replacement property cannot be found and made available, Agent shall immediately return all payments made by the Guest, whereupon this Agreement shall be terminated and Guest and Agent shall have no further obligations or liabilities in any manner pertaining to this Agreement.
DEFAULT
If Guest should fail to comply with the conditions and obligations of this Agreement, Guest shall be liable for all damages arising from such default, surrender the Premises, remove all Guest’s property and belongings, and leave the Premises in good order and free of damage. All remedies shall be cumulative. No refund of any portion of the Total Amount shall be made, and if any legal action is necessary, the Agent shall be entitled to reimbursement from Guest for all costs incurred including attorney fees and all other litigation expenses.
GENERAL PROVISIONS
This Agreement including the Reservation contains the entire agreement between the parties with regard to the use of the Premises, and any changes, amendments or modifications hereof shall be void unless the same are in writing and signed by both the Guest and the Agent. The waiver or failure to enforce any breach or provision of this Agreement shall not be considered a waiver of that or any other provision in any subsequent breach thereof. If any provision herein is held invalid, the remainder of the Agreement shall not be affected. The provisions of this Agreement that should by their terms survive termination shall survive such as the Risk of Loss/Indemnification Section and the Release Section. Any notice required to be given under this Agreement shall be in writing and sent to the contact information included herein. Owner and Agent are vested in the same rights under this Agreement and either Owner and/or Agent may enforce any such rights under the law. This Agreement may be signed in one or more counterparts, each of which is an original, but taken together constitute one in the same instrument. Execution of a digital signature shall be deemed a valid signature. Should the Guest purchase the Premises, the Agent will automatically become the Guest’s Agent.
South Haven Contact Information:
Emergency or Urgent Care – 911
Code Enforcement Hotline – 269.637.1825
South Haven Community Hospital – 269.637.5271
South Haven Police Department (Non-Emergency) – 269.637.5151
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City of South Haven Good Neighbor Guide
A Guide for Renters
Welcome to the City of South Haven. We hope you enjoy our beautiful community. During your visit, please remember that the Vacation Rental home where you are staying is within a residential neighborhood. Not everyone in the neighborhood is on vacation and many are required to rise early in the morning. To ensure our residents’ quiet and peaceful enjoyment of their neighborhood, we have established a “Good Neighbor Guide.” Please respect our residents and our city by following these guidelines. Failure to comply may result in neighborhood property owners notifying local law enforcement. This may result in fine for the renter.
Noise
Be considerate and respect your neighbor’s right to the quiet enjoyment of their home and property especially after 11:00 p.m. Some residents may have to work in the morning and would appreciate a good night’s sleep. In addition, City Ordinance Chapter 30-29 stipulates no shouting, whistling, yelling, or singing on public streets between the hours of 10:00 p.m. – 7:00 a.m. Noise violations may result in a fine.
City Code Chapter 54, Article V prohibits disturbing the peace including noisy, boisterous conduct, playing in streets or otherwise causing a public disturbance.
Fireworks
No fireworks will be allowed on short term rental properties unless the owner is occupying the residence at the time and then only as permitted by city ordinance.
Parking
In some areas street parking is limited, please utilize your vacation home’s off-street parking whenever possible. If street parking is available, please engage in good neighbor practices by parking in front of your vacation home, being mindful not to block sidewalks,mailboxes, or driveways. Please ask your property owner/manager about alternative overnight parking lots that are available to help relieve parking congestion. Overnight parking is not allowed on any public street from November 15 to March 15 to allow for snow plowing.
Garbage Pickup
Garbage shall not be left in public view except in proper containers. The regularly scheduled garbage day for the City of South Haven is Monday. Please put your garbage out no sooner than Sunday (preferably in the evening). Emptied garbage bins should be returned to their storage location as soon as possible after pickup on Monday and shall not remain at the curb overnight. City Code Chapter 30, Article IV and Chapter 70 prohibits storing refuse containers in the parkway for more than 24 hours.
Pets
All pets are required to be on leashes whenever they are in un-enclosed areas or on public streets (City Code of Ordinances, Chapter 6). When walking your dog, you are required to pick and dispose of their waste. Please do not allow your pets to trespass on neighboring property. Pets should not be allowed to make loud and frequent noise that will disturb the peace and quiet of a neighborhood. Please note that pets are not allowed on the public beaches or at the Dyckman Park pavilion during farmers’ market sales.
Events & Occupancy
events such as family reunions and weddings can have a negative impact on residential neighborhoods due to parking and noise. Please check your vacation homes policies regarding events and day guests.
Beach Use
The City of South Haven has many public beaches for all to enjoy. There are also many privately owned beaches. While walking along the water is permissible in all areas, please limit your swimming activities, umbrella or blanket to the public areas only.