NXT Vacation Management Vacation Rental Agreement / Terms and Conditions

1. PARTIES TO THE AGREEMENT This Vacation Rental Agreement (the “Agreement”) is made by and between NXT VACATION MANAGEMENT, LLC (“NXT”) and Guest as of the date last written on the signature page of this Agreement. NXT and Guest may be referred to individually as a “Party” and collectively as the “Parties.”
2. PARKING Guest(s) may only park in designated parking areas. Any illegally parked vehicles may be subject to towing and/or fines. Parking details may vary by property. Guest agrees to review and comply with the parking instructions provided in the listing or check-in instructions.
3. ARRIVAL AND DEPARTURE Early check-in and/or late check-out is not allowed without the prior approval of NXT. Any unauthorized holding over by Guest shall be subject to a charge of one and one-half (1.5) times the daily prorated rent (“Holdover Rate”), plus any additional damages incurred, including but not limited to the cost of alternative housing for guests displaced by Guest’s holding over. Late check-outs will be charged fifty percent (50%) of the Holdover Rate or one hundred dollars ($100) per hour, whichever is greater.
4. AUTHORIZED USE AND OCCUPANCY The maximum occupancy for the Premises is limited to the number permitted for the property. No other guests, visitors, or persons are permitted. If the Premises are used in any manner that exceeds the maximum occupancy:
5. Additional occupants may be required to immediately leave or be removed from the Premises.
6. Guest shall be in breach of this Agreement and the Agreement may be immediately terminated without refund at NXT’s discretion.
7. Guest forfeits any right to the return of the security deposit, if applicable. If more than the maximum number of occupants are found to be occupying the Premises, Guest agrees to a charge of two hundred dollars ($200) per person per day, charged to Guest’s credit card or deducted from the security deposit, if applicable.
8. KEYS AND LOCKS Guest will be provided a temporary access code, which may only be shared with additional guests staying at the property. Guest acknowledges that locks to the Premises may not have been rekeyed and Guest may not rekey any locks without prior written approval from NXT. If Guest rekeys any locks or opening devices, Guest shall immediately deliver copies of all keys to NXT and shall pay all costs related to loss of keys or opening devices. Guest may not remove locks, even if installed by Guest.
9. SECURITY DEPOSIT If a security deposit is required, it will be transferred to and held by NXT. All or any portion of the deposit may be used as reasonably necessary to:
10. Cure Guest’s default in payment of rent, fees, or other sums due.
11. Repair damage beyond ordinary wear and tear.
12. Clean the Premises if cleaning is required beyond ordinary wear and tear.
13. Replace or return personal property or appurtenances.
14. Reimbursement for lost rental revenue resulting from damage, excessive cleaning, or violations requiring cancellation or relocation of future reservations. Within three (3) weeks after Guest vacates the Premises, or as otherwise required by applicable law, NXT shall provide Guest with an itemized statement and return any remaining portion of the deposit. No interest will be paid unless required by law. Guest authorizes NXT to photograph and document the Premises after checkout for purposes of assessing condition, cleaning requirements, damage, or violations of this Agreement. Such documentation may be used for billing, insurance, dispute resolution, or legal proceedings.
15. PAYMENT AND CANCELLATION POLICY Cancellation Policy Unless otherwise stated on the applicable property listing, Guests may cancel within twenty-four (24) hours of the initial booking, provided the reservation is not less than forty-eight (48) hours prior to the arrival date. For properties with two (2) bedrooms or fewer, and unless otherwise stated on the listing, Guest may cancel up to thirty (30) days prior to arrival for a full refund. For properties with three (3) bedrooms or more, and unless otherwise stated on the listing, Guest may cancel up to sixty (60) days prior to arrival for a full refund. Force Majeure / No Refunds for Travel Issues: Guest acknowledges that no refunds, credits, or date changes will be issued for circumstances beyond NXT’s control, including but not limited to weather conditions, wildfires, smoke, power outages, road closures, airline delays or cancellations, illness, injury, pandemics, government advisories, or acts of God, provided the Premises remains available and habitable. NXT strongly recommends that Guest purchase travel insurance to protect against unforeseen events, including illness, travel disruptions, weather conditions, or emergencies. Guest acknowledges that failure to obtain travel insurance does not entitle Guest to any refund outside the stated cancellation policy. Payment Policy: Unless otherwise stated on the applicable property listing, the following payment terms apply: For properties with two (2) bedrooms or fewer booked more than thirty (30) days prior to arrival, ten percent (10%) of the total booking amount is due at the time of booking confirmation, with the remaining ninety percent (90%) due twenty-nine (29) days prior to the arrival date. For properties with three (3) bedrooms or more booked more than sixty (60) days prior to arrival, ten percent (10%) of the total booking amount is due at the time of booking confirmation, with the remaining ninety percent (90%) due fifty-nine (59) days prior to the arrival date. Guest authorizes NXT to charge the credit card on file for all amounts due under this Agreement, including but not limited to rent, taxes, cleaning fees, fines, damages, excessive utility usage, lost revenue, and violation penalties. Guest agrees not to initiate any chargeback, payment dispute, or reversal for charges authorized by this Agreement and acknowledges that doing so constitutes a material breach.
16. CLEANING The Premises will be delivered in a professionally cleaned condition. If additional cleaning is required due to excessive mess, pet hair, spills, or conditions beyond normal use, additional cleaning fees may be charged.
17. PETS / SERVICE ANIMALS Pets are prohibited unless otherwise approved in writing by NXT. If pets are approved, a non-refundable pet fee plus applicable tax, as disclosed on the applicable property listing, shall apply per pet, including visiting pets. If an unauthorized pet is found on the Premises, Guest and/or the pet may be evicted. Guest shall be responsible for all pet-related damages and remediation costs, including but not limited to pet allergen remediation, flea remediation, and reimbursement to NXT for any refunds, relocation costs, or compensation provided to future guests impacted by remediation. Failure to remove pet waste will result in an additional one hundred fifty dollar ($150) fee. Pets must not be left unattended, must not disturb neighbors, and are not allowed on furniture. Service animals, as defined under the Americans with Disabilities Act, are permitted. Service animals must be individually trained to perform tasks for the benefit of an individual with a disability. Animals providing emotional support, comfort, or companionship are not service animals. Guests are encouraged to notify NXT at the time of reservation if bringing a service animal. Service animals may be removed if they are disruptive, aggressive, or not housebroken.
18. GOOD NEIGHBOR POLICY Guests are responsible for controlling noise, including noise caused by pets. After one warning, additional complaints may result in termination without refund. Certain properties may utilize noise monitoring devices that measure sound levels only and do not record conversations or audio. Guest acknowledges and consents to the presence and use of such devices for the purpose of enforcing quiet hours and preventing disturbances. Excessive noise levels may result in warnings, fines, security dispatch, or termination without refund.
19. NO SMOKING Smoking is strictly prohibited. Violations may result in charges for damages and odor remediation, immediate removal from the Premises, and forfeiture of the security deposit. Certain properties may be equipped with smoking detection devices designed to identify the presence of tobacco, marijuana, or vape smoke. These devices do not record audio or video and are installed solely for compliance and damage prevention purposes. Guest acknowledges and consents to the use of such devices and agrees that any confirmed violation may result in charges for remediation, fines, and damages as provided herein. 7:08
20. RULES AND REGULATIONS Guest agrees to comply with all posted rules, applicable laws, ordinances, and HOA regulations. Violations may result in fines, eviction, or termination without refund. Guest shall be responsible for all fines, penalties, administrative fees, or enforcement costs imposed by any homeowners association, municipality, or governmental authority arising from Guest’s conduct or violation of applicable rules or ordinances. No Parties or Events: Parties or events are strictly prohibited without prior written approval from NXT. Any violation will result in a one thousand dollar ($1,000) charge per incident and immediate eviction with no refund. Noise Complaints: If a noise complaint is reported to NXT, NXT may dispatch a security officer to verify the complaint. If confirmed and occurring after established quiet hours, Guest shall be responsible for all security-related costs incurred by NXT.
21. SECURITY CAMERAS If present, exterior security cameras monitor outside areas only. Guests acknowledge no reasonable expectation of privacy in monitored exterior areas and agree not to tamper with any security equipment.
22. MAINTENANCE AND CARE Guest shall properly use and maintain the Premises and immediately report any issues. Guest is responsible for damage beyond ordinary wear and tear and for drain blockages not caused by defective plumbing or tree roots. Refusal of Scheduled Maintenance: Guest may not refuse scheduled maintenance services, including but not limited to pool service, trash valet service, and landscaping service. If Guest turns away service providers, Guest shall be responsible for any rescheduling fees or charges incurred by NXT. Technology, Internet, Streaming Disclaimer: Internet service, cable television, streaming services, smart-home devices, and related technology are provided as a convenience only and are not guaranteed. No refunds or compensation will be issued for service interruptions, speed limitations, outages, device compatibility issues, or user error. Bed Bugs and Pest Notification Requirement: Guest must immediately notify NXT upon discovering any pest, insect, or infestation issue. Failure to provide prompt notice waives any claim for refund, relocation, or compensation related to such condition.
23. ALTERATIONS No alterations are permitted, including moving furniture, installing devices, or using screws, fasteners, or adhesive materials.
24. CONTACT INFORMATION NXT is available Monday through Friday from 8:30 a.m. to 5:00 p.m. PST. After-hours calls are routed through the same phone number and handled by our on-call support team.
25. EMERGENCIES For emergencies requiring police, fire, or medical assistance, call 911.
26. RIGHT OF ENTRY NXT and its agents may enter the Premises for maintenance, inspection, emergencies, or showings with reasonable notice when required.
27. NO ASSIGNMENT OR SUBLETTING Guest may not assign or sublet any portion of the Premises.
28. UNAVAILABILITY If the Premises becomes unavailable due to circumstances beyond NXT’s control, NXT may substitute a comparable unit or cancel the reservation and refund all payments.
29. OBLIGATIONS UPON TERMINATION Guest shall return all keys, vacate all spaces, and leave the Premises in the same condition, less ordinary wear and tear.
30. DEFAULT Upon default, NXT may terminate this Agreement, evict occupants, and recover damages. In the event this Agreement is terminated early due to Guest’s breach, violation, or misconduct, Guest agrees to pay an administrative fee of $500, in addition to forfeiture of rent, deposits, and any other amounts due. This fee represents reasonable administrative and operational costs and is not a penalty.
31. PERSONAL PROPERTY AND INJURY Guest’s personal property is not insured by NXT. Guests are advised to obtain personal insurance. Guest agrees to indemnify, defend, and hold harmless NXT, Owner, and any HOA from all claims, damages, injuries, losses, liabilities, and expenses arising from Guest’s use or occupancy of the Premises, including claims involving minors, invitees, visitors, use of amenities, pools, hot tubs, or common areas, except to the extent caused by NXT’s gross negligence or willful misconduct. If Guest leaves personal property behind, NXT will hold such items for seven (7) days. If Guest does not respond within seven (7) days, Guest authorizes NXT to dispose of the items. Limitation of Liability: To the maximum extent permitted by California law, NXT’s total liability to Guest for any claim, cause of action, or damages arising out of or related to this Agreement, the reservation, or Guest’s occupancy of the Premises shall not exceed the total amount paid by Guest to NXT for the applicable reservation. This limitation shall not apply to claims arising from NXT’s gross negligence or willful misconduct, nor to Guest’s indemnification obligations, property damage caused by Guest or Guest’s invitees, personal injury or death, HOA or municipal fines, or remediation costs.
32. MEDIATION AND ATTORNEY’S FEES Any dispute arising from this Agreement shall first be submitted to mediation prior to the initiation of any court action, except for eviction matters. If mediation is unsuccessful, the prevailing party in any legal action shall be entitled to recover its reasonable attorney’s fees and costs. Any legal action or proceeding arising from this Agreement shall be brought exclusively in the county where the Premises is located.
33. JOINT AND INDIVIDUAL LIABILITY All Guests are jointly and individually responsible for compliance with this Agreement.
34. TRANSIENT OCCUPANCY Guest occupies the Premises as a transient lodger. NXT retains full legal and possessory rights.
35. RESERVATIONS OF THIRTY (30) DAYS OR LONGER Guests considering stays of thirty (30) days or longer are encouraged to contact NXT prior to booking in order to begin the rental application process. Guests booking stays of thirty (30) days or longer are required to submit a rental application and pay a non-refundable fifty dollar ($50) application fee. The application may include identity verification and a review of credit-related risk indicators, eviction history, and criminal history through a third-party consumer reporting agency and does not involve a hard credit inquiry. Applications are reviewed on an individualized, risk-based basis. NXT may approve the application, deny the reservation, or require additional conditions in compliance with applicable federal and California law. Reservations of thirty (30) days or longer do not follow the cancellation policy stated on the property listing. All such reservations are final and non-cancelable once confirmed. No refunds will be issued under any circumstance, including but not limited to early departure, change of plans, or failure to take possession of the Premises. Guest expressly agrees that NXT shall be entitled to retain all funds collected in connection with reservations of thirty (30) days or longer, regardless of cancellation, modification, or termination by Guest.
36. PROPERTY-SPECIFIC AMENITIES The following provisions apply only if the Premises includes the referenced amenity. Hot Tubs: If the Premises includes a hot tub, Guest must inspect the hot tub upon arrival and notify NXT within twenty-four (24) hours if sand from prior guests is present. Failure to notify NXT within this time frame will result in Guest being held responsible. Guest is responsible for ensuring that all occupants and visitors do not introduce sand into the hot tub. Upon check-out, the hot tub will be inspected. If sand is found, Guest agrees to a three hundred dollar ($300) charge to the credit card on file. Swimming Pools: If the Premises includes a private swimming pool, Guest agrees to the following: Pool heating is not included in the standard rental rate. If available, pool heating may be added for a daily fee plus applicable tax. If elected, the pool will be heated to approximately eighty (80) degrees Fahrenheit, subject to weather conditions, system limitations, and operational constraints, unless otherwise agreed upon in writing by NXT. Pool heating may be added at any time and will be charged to the credit card on file. Not all pools are capable of being heated. Hours of Use and Noise: Outdoor quiet hours begin at 10:00 p.m. and end at 8:00 a.m. the following day and are strictly enforced. Guest agrees to comply with all noise ordinances and to avoid disturbances. Additional verified complaints may result in early termination without refund. Liability: Guest acknowledges that pool areas may not be fenced or secured. Guest agrees to indemnify, defend, and hold harmless NXT and Owner from all claims arising from use or misuse of the pool. Trampolines: If the Premises includes a trampoline, Guest uses the trampoline at Guest’s own risk and agrees to indemnify and hold harmless NXT and Owner from all related claims. Bunk Beds: If the Premises includes bunk beds, they are for sleeping only and not for play. Guest agrees to indemnify and hold harmless NXT and Owner from all claims arising from their use.
37. GOVERNING LAW This Agreement is governed by the laws of the State of California.
38. WAIVER AND SEVERABILITY Invalid provisions shall not affect remaining provisions. Waiver of breach is not a continuing waiver.
39. ENTIRE AGREEMENT Time is of the essence. This Agreement constitutes the entire agreement between NXT and Guest.