Terms and Conditions
 

Below are the standard terms and conditions we require guests to agree to and abide to when at a property.  We will send you an individual guest agreement that we have to have completed before your booking becomes official for legal purposes.  Here are a couple of points which may not be included below but may be addressed differently within each individual reservation.  Please make sure that you read your dedicated guest agreement for specific terms.

1.  If you are interested in bringing a pet to the property, please refer to the specific property page on whether pets are allowed.  Unless you have communicated with Third Coast prior to arrival and received permission to bring a dog to non pet friendly property, you are not allowed to bring a pet and the ramifications are addressed below.
2.  You may be asked for further agreement and acknowledgement of any homeowner association requirements / bylaws if you are staying within an association.
3.  You may be asked for further agreement and acknowledgement of any local governing ordinances concerning vacation rentals, the laws within it and repercussions for violating the local ordinance.

As always, if you have any questions, please reach out to us.  Homeowner associations and local municipalities want you to come and have a great time, just within the framework of their bylaws and ordinances.
 

Guest Occupancy Agreement
 

This Agreement is entered into with and between Third Coast Vacations as agent for owner of this vacation rental home and person signing responsible for payment and acknowledgement of this document and payment (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, THIRD COAST 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.

The number of people over the age of 2 may not exceed the maximum allowed at property outlined on the property listing page:

Guest will provide an email address and phone number which will be accessible / checked during the time of their stay.  Third Coast Vacation may need to communicate with guest during your stay by either means.

Guest hereby hires from Third Coast Vacations (Owner’s Agent), for use as a vacationing home those premises described as above 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 Third Coast Vacations 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

Guest shall pay Third Coast Vacations a fee of which is detailed within this web page.  Upon check-in the Guest may have to provide Third Coast 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.   Third Coast Vacations may bill tenant for expenses or charge their credit card for the applicable charges.  These charges may occur after the guest’s stay due to information and penalties brought forth after the departure and within this agreement.  Agent reserves the right to request a fully refundable security deposit as well.

B. An initial down payment in the amount of one half (1/2) of the total due above 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.   Third Coast Vacations will charge the remainder of the reservation to the credit card on file approx 30 days prior to stay.  If guest would like to change the payment on file, please notify Third Coast Vacations approximately 35 days prior to arrival.  Third Coast Vacations will also notify by email 5 days prior to final payment billing.

C.  Guest may make payment by credit card.  There is a reservation fee of 2.5% which you will see in the breakdown of details prior to payment.  If payment is returned or declined, a $50 fee will be charged for each occurrence.

D. Initial payments are non-refundable unless we are able to rebook the home. Agent will make reasonable efforts to rebook. If our attempts at re-booking are successful, Guest will receive a refund of the initial payment less a $300 rebooking fee. All cancelations must be in writing and delivered to Agent by mail or email.

E. 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.

F. 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 $3000.00 in coverage for accidental damage that occurs during the time delineated by this agreement.  Guest must notify the Third Coast 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 Third Coast Vacations office within 24 hours of the occurrence so that the damage can be reviewed and photographed. If any damages are noted by Third Coast 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 total property occupancy listed on Third Coast Vacations website 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.

      Dogs (only) are allowed at this property if explicitly stated in the property listing page or has been agreed upon by agent and guest in writing.  There is a fee of $100 for the opportunity to bring your dog to the property.  It is guests responsibility to remove all evidence and waste of the pet on the property prior to departure.  Any damage by the animal is not covered under the Third Coast Damage Waiver policy and guest is responsible for cost of repair.  If evidence of a dog is found at the property or during the cleaning of the property and the pet was not paid for during this reservation process or the office was not notified prior to arrival, $500 will be charged to guest or guest may be asked to leave.

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 or defective provider devices. 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(when applicable); 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. When available, 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.  This can also include rental requirements and / or ordinances which are in effect from a town or township the property is located

       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     Third Coast 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 Third Coast 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 Third Coast 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 Third Coast 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.

  Guest and their invitees must comply with all applicable laws, codes and ordinances.

J.      Fireworks are not allowed at any Third Coast 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. THIS INCLUDES MARIJUANA. 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.

DISCLAIMER - As noted above, this is not your actual guest agreement but rather a general version so you can see what our responsibilities are to you as a guest and what we expect from you as a guest. Please refer to your actual guest agreement and then reach out if you have any questions,

Thanks,
Third Coast Vacations