Rental Agreement
This Guest Rental Agreement (the "Agreement") constitutes a contract between [Guest first name] [Guest last name] (the "Guest") and Island Time Hilton Head, LLC (the "Company"). Each property is privately owned including the furnishings, with the Company acting as agent for the owner. The Guest is a licensee of the owner and not a tenant and is not acquiring any interest in the property.
1. PAYMENT DETAILS
Initial Payment & Guest License Agreement – As Outlined in the Reservation Confirmation, a deposit of 50% of the total rental is required to confirm the reservation. We accept MasterCard, Visa, Discover, American Express, or Check. If you pay by credit card, a 3.8% fee will be applied. If paying by check, Island Time must receive your payment within 10 calendar days of your booking date. This Agreement must be signed and returned to the Company within seven (7) days of making your reservation. Failure to do so will result in cancellation at the end of seventh (7th) day resulting in refund of initial payment minus the Booking Processing Fee and credit card fees. The Booking Processing Fee plus tax and credit fee plus tax are non-refundable.
Last minute bookings – For reservations made within one month of arrival date, we require a copy of the Guest's driver license and credit card payment at time of booking. The 3.8% fee credit card fee will be applied. The Guest, whose name is on the reservation is required to come to the office during business hours to verify your ID and credit card and receive the arrival packet to check in.
Late Payment – If payment is not received within 10 calendar days of booking your reservation, or if the deposit is not received by the due date, the credit card on file will be automatically charged, and a 3.8% credit card processing fee will apply. If payment cannot be processed, the reservation will be canceled, and any monies previously collected will be forfeited.
Final Payment – Your full payment of the total rental must be received thirty (30) days prior to arrival or sixty (60) days to arrival for long stays. If we don't receive your payment by thirty (30) days prior to arrival, we will automatically bill the credit card on file for your final payment. We accept MasterCard, Visa, Discover & American Express. If you pay by credit card, a 3.8% fee will be applied. If payment cannot be processed, the reservation will be canceled, and any monies previously collected will be forfeited.
Security Deposit – A security deposit may be required at the time of booking; if not required, a valid credit card must remain on file for the duration of the reservation. In the event of any damage to the property, excessive cleaning, missing items, or other charges incurred during the stay, the credit card on file will be charged for the full amount of those costs. If the credit card on file is found to have insufficient funds or is otherwise invalid, Island Time LLC reserves the right to recover all costs and damages through legal means necessary to be made whole.
2. Property Use - Any use of the dwelling other than the residential use during a family vacation must be approved by the Agent. If the dwelling is to be used for any event, such as weddings, receptions, or large gatherings, the guest agrees to submit a request for approval to the agent and adhere to the agent's determination on the request. If the agent approves the event, the guest may be required to pay an additional deposit. If the guest misrepresents an event to the agent, the guest agrees that the agent may refuse occupancy or have the dwelling vacated, and the guest will not be entitled to a refund.
Guests are responsible for the conduct, actions, and any damage caused by all persons they invite to the property, whether those individuals are staying overnight or visiting temporarily. The Guest assumes full responsibility and liability for any invited guests while on the premises.
3. CHECK-IN/CHECK-OUT POLICY
Age – Guest agrees that he or she is at least 25 years of age or older and will be occupying the property during the dates requested.
Check-in time – Guest acknowledges that check-in is NO EARLIER THAN 4:00 PM. The premises and its amenities will not be available prior to that time. Every effort is made to have your property cleaned and ready by 4:00 p.m. but it is not guaranteed. In the event that a property is not ready by 4:00 PM, no rental refund will be issued.
Check-in procedure – When your balance is paid in full (thirty (30) days prior to your arrival) AND we've received your signed Agreement, you will receive an email with a link to your digital guestbook, which includes our check-in procedures. The digital guestbook will allow you access to all the pertinent information for your vacation rental property. This includes directions to the property, codes to access your front door, garage codes, Wi-Fi code, and all other information needed for your property, and our HHI Guide.
Check-out time – Guest acknowledges that check-out is NO LATER than 10:00 AM. Please follow our check out instructions located in the digital guestbook.
All trash must be bagged and disposed of in the designated garbage area.
Place all dirty dishes in and start the dishwasher.
Ensure all property entry points are fully and properly secured, including but not limited to windows and sliding doors.
Sign out of your personal streaming services on all TVs and devices.
If you are staying in an Icone Property, place all dirty pool towels in the laundry room/area
Upon your departure if additional cleaning of excessively dirty linens, carpet or property is required, an additional cleaning fee will be charged to the credit card on file.
Changing the password on the Wi-Fi will incur a $250 charge to the credit card on file.
Rearranging villa or home furnishings in any way is not permitted. A charge will be incurred and charged to the credit card on file, should it be necessary to return furniture to its original location.
3. CAR PASSES
All vehicles must be in driveway and/or designated parking spaces, parking along roadways, and non-approved locations, including but not limited to, grass/lawns, beach paths, wooded areas, etc. is prohibited. Failure to comply with parking limitations and rules could result in fines and/or civil penalties issued by either the Homeowner's Association or the Town of Hilton Head. Island Time Hilton Head, LLC is not responsible for citations issued by these entities and all fines to be paid by rental guest.
Prohibited Vehicles: Trailers, Watercraft Trailers, U-hauls, Motor Homes, Motorcycles and/or commercial or recreational vehicles are prohibited in most areas of Hilton Head Island. Parking is not allowed on the streets.
Sea Pines & Palmetto Dunes - If you are staying in Sea Pines or Palmetto Dunes your car passes will be available at our office for pick up on the date of your arrival in a packet. Your digital guestbook will provide details once you receive the email with the link.
Car passes are required for all vehicles in your party to enter these gated communities.
All car passes will need to be requested prior to arrival. The number of car passes available are regulated by the Short Term Rental Ordinance (STRO).
All car passes have a fee charged by the gated community, and the corresponding fee and taxes will be added to your reservation.
Singleton Beach Properties, Folly Field Properties, and North and South Forest Beach Properties – Car passes are available along with the check in packet at our offices. Some properties do not require a car pass or instructions, please refer to your digital guestbook.
All car passes will need to be requested prior to arrival. The number of car passes available are regulated by the STRO.
4. CANCELLATION POLICY
Villas:
Before 31 days of arrival date we will refund the initial payment after the forfeiture of the booking processing fee plus tax and the Credit Card fee plus tax if applicable.
Inside 30 days of arrival date all payments are nonrefundable
The Booking Processing Fee plus tax and Credit Card fee plus tax are non-refundable.
Homes:
Before 61 days of arrival date we will refund the initial payment after the forfeiture of the booking processing fee plus tax and the Credit Card fee plus tax if applicable.
Between 60 and 31 days prior forfeiture of 50% of the total booking charges.
Inside 30 days of arrival date all payments are nonrefundable
The Booking Processing Fee plus tax and Credit Card fee plus tax are non-refundable.
Long Stay Reservations – reservations for 28 days or more.
Before 91 Days of arrival date we will refund the initial payment after the forfeiture of the booking processing fee plus tax and the Credit Card fee plus tax if applicable.
Inside 60 days of arrival date all payments are nonrefundable
The Booking Processing Fee plus tax and Credit Card fee plus tax are non-refundable.
Trip Preservation –We recommend purchasing travel insurance to protect your investment. If Guest has purchased travel insurance, any or all trip reimbursement will be subject to the policy terms and conditions. The travel insurance agreement is between Guest and the Policy Provider. Island Time Hilton Head is not the policy provider, Rental Guardian Insurance Services is the holder.
If selected, the travel insurance premium is charged at the time of selection and is nonrefundable.
Early Departures and No Shows - No refunds for early departures or no-shows. If you have purchased travel insurance, any or all trip reimbursement will be subject to the policy terms and conditions.
Storms - There are no refunds given for cancelation or interruption of your stay due to an event of inclement weather including: a tropical storm, tropical depression, hurricane, or named storm, and all payments will be forfeited. If Guest has purchased travel insurance, any or all trip reimbursement is between you and the insurance company and will be subject to the policy terms and conditions.
Cancellation Refund Schedule –The Cancellation Policy is binding at the time of booking; as outlined in Reservation Confirmation, failure to complete the rental agreement does not exclude Guest from responsibilities of the Cancellation Policy.
5. PET POLICY
NO DOGS, CATS, OR OTHER ANIMALS – Guest is not permitted to have dogs, cats, or other animals on or at the property, unless agreed upon by Company prior to arrival, and the nonrefundable dog fee is paid (except in the case of service animals (dogs)).
DOG-FRIENDLY RESERVATIONS - Guest agrees to be responsible for picking up after their dog and won't allow the dog to be left unattended. Dogs must weigh less than 50lbs and are not permitted on furniture or beds in the property. If additional costs are incurred for cleaning, pick-up, flea treatments and/or similar actions as a result of the dog, the Guest's credit card will be billed. Guests could be asked to leave without a refund if a pet is found on premise or if evidence shows one or several dogs in the property without prior permission and will be charged a pet fee of double the regular price for the violation.
The nonrefundable pet fee for the first dog (depending on the property) is as follows: 1 - 9 night reservations $300.00 plus tax, 10 - 29 night reservations $600.00 plus tax, 30 - 90 night reservations $900.00 plus tax. Any reservation more than 90 nights, please call our office to inquire about pricing.
The nonrefundable pet for any additional dog (if the property allows for more than one dog) is as follows: 1 - 9 night reservations $150.00 plus tax, 10 - 29 night reservations $300.00 plus tax, 30 - 90 night reservations $450.00 plus tax. Any reservation more than 90 nights, please call our office to inquire about pricing.
If any representative or vendor is required to enter the property dogs must be secured.
SERVICE ANIMALS - The Company shall make reasonable accommodations upon written request for a service animal (dog), in accordance with applicable law, and no pet fee shall be required. Guests must submit a written request for the service animal in advance of their reservation. The Company may request information and/or documentation in accordance with applicable law supporting the animal's status as a service animal, together with up to date veterinary records confirming the animal is current with all vaccinations. The Company reserves the right to withdraw consent and demand removal of any previously permitted service animal upon evidence of injury or damage to person or property caused by the animal, threatening or aggressive behavior of the animal, damage done by the animal to the property, non-compliance by the Guest with local ordinances and state laws regarding custody and control of the animal, or any other reason permitted by applicable law.
NUISANCE ANIMALS - Under no circumstances will a nuisance animal be tolerated on the property and the Company reserves the right to withdraw consent and demand removal of any animal on the property in the event it is reported or complaints are registered that the animal is a nuisance including, but not limited to, being off leash or out of Guest's control, running unrestrained off the premises, aggressive or uncontrolled behavior towards other animals or persons, or excessive noise or barking. Such conduct may further include the Guest allowing the animal to defecate on the property or on others' property without cleaning up after the animal.
6. SMOKING FREE POLICY
NO SMOKING - ALL properties are designated as NO-Smoking. Smoking includes the act of lighting, smoking, or carrying a lighted or smoldering cigar, cigarette, pipe, electronic cigarette, or vape of any kind. If we find that a guest has smoked in the property (or on the porch/patio or balcony) the guest will be charged for any cost pertaining to cleaning and remediation. This includes but not limited to carpet cleaning, upholstery cleaning, ozone machine rentals, etc. These charges will be billed to the credit card on file for the reservation. Guests could be asked to leave without a refund if they fail to comply with our Smoke Free Policy.
7. AMENITIES
Waiver and Release - I understand that the use of amenities and equipment, including but not limited to riding bicycles, golfing and golf facilities, tennis or pickle ball and such facilities, and all water sports, pools, pool surround, spas hot tubs, decks and docks, exercise equipment and exercise facilities, elevators, fireplaces, and grills, entails risk which cannot be eliminated regardless of the care taken to avoid injuries. On behalf of myself, family members, and all guests, I knowingly and freely assume all risks, both known and unknown, and assume full responsibility for the use of my family and guests of all amenities. This release also covers issues with any services ordered pre-arrival and during my stay. If me, any family member, or guest of mine is injured, property is damaged, or lost, I, on my behalf, on behalf of my family and my guests, and on behalf of their heirs or personal representatives, release, waive and discharge the Company, its representatives, employees, agents from, and agree not to sue the Company, its representatives, employees and agents and the owner of the property for claims for injury or damage that directly or indirectly results from Guest's occupancy of the property or use of any of the amenities or any service purchased. I, on my behalf, on behalf of my family and my guests, and on behalf of their heirs or personal representatives, release, waive and discharge Island Time Hilton Head, LLC.
Guest agrees to indemnify owners for any damages to property including damages to the home, property and surrounding grounds, furnishings and household items which occur as a result of Guest's occupancy as stated by the Guest License Agreement. The Company or owner will not be liable for any damages to the property or for any accident that may occur to Guest or any invitees during occupancy in or on the property. The Company or owner may re-enter the property at a reasonable time for making repairs. The Company or owner is not responsible for articles left in or on the property. GUEST ACKNOWLEDGES THE COMPANY'S AUTHORITY TO CHARGE GUESTS' CREDIT CARD FOR DAMAGES TO THE PROPERTY WHEN OCCUPIED BY THE GUEST OR HIS/HER INVITEES.
8. POOL/ SPA
Pool or Spa Heat - Pool or spa heat must be scheduled at least fourteen (14) days prior to arrival. Additional fees apply for last minute requests prior to arrival or after arriving at the property.
Private pools are cleaned once a week with an additional clean scheduled during the summer season. In the interim, a skimmer net has been provided. There will be a charge for an extra cleaning. Most pools can be heated, for an additional charge (plus tax), and will be activated 24-48 hours prior to arrival.
If the weather drops below 60 degrees, the pool may not be capable of being heated and or reaching optimal temperature. NO REFUND OF THE RENTAL WILL BE GIVEN IF POOL HEATING EQUIPMENT FAILS.
Pool Heat Pools are heated to a temperature of approximately 85 degrees. The pool company will control the temperature. Guests do not have access to the thermostat. The system is set to heat to 85 degrees, water temperature is not guaranteed to be 85 degrees.
Spa Heat - The Spa is heated to a temperature of approximately 102 degrees. The system is set to heat to 102 degrees, water temperature is not guaranteed to be 102 degrees. Spa jets will NOT operate unless payment has been made for Spa heat.
Island Time is not responsible for resort amenities such as scheduled and unscheduled pool and spa closures, etc. in community pools.
Pool Keys - Some villa & home complexes require keys/key cards for pool access. If a key/key card is in the property for use during your stay and should be left in the property upon departure. Missing or lost pool keys/cards will result in a minimum of $100 charge to the credit card on file.
Waiver and Release - I understand that swimming entails risks which cannot be eliminated regardless of the care taken to avoid injuries. On behalf of myself, family members and all guests, I knowingly and freely assume all such risks, both known and unknown, and assume full responsibility for my use, and the use of my family and guests, of any private pool on the property, any neighborhood or property owners' association pool, or any community-wide pool accessible to renters of the property including the surround areas of these pools. If me or any family member or guest of mine is injured, or property is damaged or lost while using any such pool, I, on my behalf, on behalf of my family and my guests, and on behalf of their heirs or personal representatives, release, waive and discharge the Company, its representatives, employees and agents from, and agree not to sue the Company, its representatives, employees and agents and the owner of the property for, claims for injury or damage that directly or indirectly results from use of any such pool.
9. HOUSEKEEPING AND LINENS
A departure clean is included with your stay and will be completed after check-out. Mid-stay cleanings are not included but can be arranged for an additional charge by contacting the Island Time office in advance at 843.785.3456. We recommend scheduling a mid-stay clean for all long stay reservations.
When requested, additional housekeeping services and extra linens or towel exchanges can also be provided for an additional fee.
10. ACCIDENTAL DAMAGES
Coverage - The Damage Waiver fee provides guests with protection for accidental damages during the stay. The cost of this protection ($35/$65/$85 depending on the property) will respectively cover up to $500/$1000/$1500 for accidental damage to real or personal property. Malicious or intentional damage is not covered. The damage must be reported before guest departure, any damage found upon departure will result in no coverage by the Company.
11. PROHIBITED ITEMS, LOCAL ORDINANCES, AND COMMUNITY REGULATIONS
Guest agrees to abide by all applicable Federal, State, and Local laws and ordinances, including any Planned Unit Development covenants, conditions or restrictions while occupying the property.
Guest agrees and acknowledges that fireworks are prohibited by county ordinance.
For rentals within gated communities and villa complexes: Trailers, Watercraft Trailers, U-hauls, Motor Homes, Motorcycles and/or commercial or recreational vehicles are prohibited within the communities.
For rentals which are oceanfront, the Town of Hilton Head Island has exterior lighting restrictions that are strictly enforced between May 1st and October 31st for the protection of the sea turtle nests, which if not observed, may result in fines to the Guest. Additional town and community regulation may apply and are located in your digital guestbook.
It is unlawful to unreasonably disturb the peace and quiet of those in their homes and public places. Quiet hours are between 10pm and 7am.
Towels, bathing suits, clothing, etc. may not be hung on railings/balconies or any other location where visible from adjoining properties, a golf course, the beach or the street.
All beaches on Hilton Head Island are pet-friendly, however the Town of Hilton Head Island has restrictions.
Failure to comply with local ordinances and community rules and regulations could result in fines and/or civil penalties. Island Time Hilton Head, LLC or the rental property owner are not responsible for the citations issued and all fines are to be paid by the rental guest.
12. MISCELLANEOUS
Release and Hold Harmless – Except as otherwise expressly provided in this Agreement, the Guest, on behalf of themselves and any of their invitees, hereby releases and agrees to hold harmless Island Time Hilton Head, LLC and the Property Owner from any and all claims, damages, losses, injuries, costs, or expenses, except in cases of gross negligence by Island Time Hilton Head, LLC or the Property Owner.
Property Substitution - In the event a property becomes unavailable for guest use due to major repairs, the dwelling being deemed uninhabitable, sale of the property, or a transition in management, Island Time Hilton Head, LLC reserves the right to offer a comparable substitute property when possible. Under the South Carolina Vacation Rental Act, all reservations within 90 days following a property's closing must be honored by the new owner. After this 90-day protection period, existing reservations may need to be relocated or canceled unless otherwise agreed upon. If comparable properties are available, the Guest will be given the opportunity to approve the substitution. In the event comparable properties cannot be provided or are not approved by the Guest, all deposits paid will be refunded in full. This refund shall constitute the Guest's sole and exclusive remedy.
Mechanical Failure - Should there be a mechanical failure for any reason on any item that impacts Guest's stay, there will be no refund of rental rate or fees. Guest is responsible to report any issues with the property immediately upon detection, in order for the Company to attempt to assess and address as best and reasonable as possible but cannot guarantee any resolution or result due to circumstance beyond company's control. Island Time Hilton Head requires all disturbances to Guest stay be reported during the dates of the Guest Reservation.
Elevators - Elevators are available for guest use in select properties. However, Island Time Hilton Head, LLC. cannot guarantee functionality.
Noise and Construction – Hilton Head Island is a highly sought-after and continually developing resort community. As a result, nearby construction, renovation, or maintenance work may occur and is beyond our control. To preserve the island's beauty, commercial construction and landscaping are permitted Monday through Saturday, between 7:00 a.m. and 7:00 p.m. Guests acknowledge that construction noise or activity may occur near the property. No relocations or refunds will be issued due to such disturbances, as these conditions are outside of the Company's responsibility.
Lost and Found - Island Time Hilton Head, LLC and the Property Owner are not responsible or liable for any personal items left behind, lost, or stolen during or after a Guest's stay. Guests are encouraged to secure all personal belongings and verify the property for any items before departure. Items found will be returned only upon request. A minimum shipping charge of $30 will apply, and all shipping costs will be billed to a credit card.
Shipping Items - Guests may ship packages to the Island Time office prior to or during their stay. Oversized items (including luggage, multiple items or equipment) that are shipped to the office and held for more than 24 hours will incur a $20 per-item holding fee. Island Time Hilton Head, LLC is not responsible for lost, damaged, or delayed packages, and all shipments should be properly labeled with the Guest's name and reservation dates.
Wildlife – There is an abundance of wildlife present in our community. With our subtropical climate, Hilton Head Island, has many animals, critters and insects, including but not limited to marine life, alligators, venomous and non-venomous snakes, spiders, mosquitoes and various biting insects. Island Time cannot control or be held responsible for interactions with wildlife. Precautions to consider: Do not feed any of the wildlife. Animals of any size are potentially dangerous. Feeding even small animals attracts predators and critters. Walk a safe distance from the water's edge. Supervise children at all times. Keep garage doors closed at all times except when entering or leaving the Rental Home.
Deposit Accounts - Guest acknowledges that the Company places all deposits into an insured interest-bearing bank escrow account and that interest income accrues to the Company.
Entire Agreement - Guest and the Company acknowledge that this Agreement contains the full and complete agreement between and among them and that there are no oral or implied agreements or understandings which are not specifically set forth in this Agreement, and this Agreement may be amended, supplemented, or modified only by a written agreement signed by each of the parties hereto. Each party acknowledges that no party, or agent or attorney of any other party or any person, firm, corporation, or any other entity has made any promise, representation, or warranty whatsoever, expressed, implied or statutory, not contained herein concerning the subject matter hereof to induce the execution of this Agreement. Each signatory also acknowledges that it has not executed this Agreement in reliance on any promise, representation or warranty not contained in this Agreement.
Titles and Paragraph Headings - The titles and paragraph headings used herein shall be for the purposes of convenience only and shall not be considered substantive in matters of construction.
Ambiguities and Conflict - The legal principle of contract interpretation that an agreement shall be construed against the drafter shall not apply to this Agreement. For purposes of the interpretation of this Agreement, by signature of the contract, the guest has confirmed that they have read and understand the contract in its entirety, and any interpretation shall be so as to fully protect and preserve the Company's rights and remedies.
Severability - In the event any term or provision of this Agreement is held to be invalid by any court of competent jurisdiction, such invalid term or provision shall be severed and shall not affect the validity and enforceability of any other term or provision herein contained.
Governing Law - This Agreement shall be governed by and construed in accordance with the laws of the State of South Carolina and Beaufort County without regard to principles of conflicts of law.
Electronic Signatures - This Agreement may be executed by electronic or digital signatures in accordance with the South Carolina Uniform Electronic Transactions Act.
