RENTAL AGREEMENT  

This Rental Agreement is made by and between The After Dune Delight LLC (“Owner”) and GUEST as part of the electronic acceptance date of this Agreement. This agreement will be considered electronically accepted once a reservation is confirmed.  For good and valuable consideration, the sufficiency of which is acknowledged, the parties hereby agree as follows:  

PROPERTY – The property is located at 10 Lemoyne Ave, Hilton Head, SC 29928 in Oceanwalk Villas. The property is furnished and includes household appliances, furnishings, decorations, artwork, linens, towels, kitchenware, audio/video equipment and personal property.  

TERM OF THE LEASE – The rental period begins at 3pm on the dates in the reservation and will end at 10am, on the check out date. Check in time is 3pm and check out time is 10am. The rental period will update to the check in time and check out time agreed upon if early or late checkout is agreed upon in advance.  

SMOKING POLICY – This is a NON SMOKING unit.  Smoking is NOT allowed in the condo or any interior space of the building.  Smoking is also not allowed in the common areas of the condo complex which include the pool areas and any common areas of the building.  Smoking is NOT permitted on the patio. If smoking occurs in the condo, a charge of $250 may be assessed for additional cleaning.

NO PETS ALLOWED FOR GUESTS (NO EXCEPTIONS).   

SERVICE ANIMALS OR EMOTIONAL SUPPORT ANIMALS – Service Animals: Our HOA Bylaws require that we must receive and submit any request for accommodations of a service animal to our HOA Board of Directors prior to a guest arrival and that we must also have received approval of that accommodation from our HOA Board of Directors prior to a guest arrival.  As this process may take more than 3 business days we ask that you reach out ahead of time so that we can notify our HOA Board of Directors appropriately.  Not following this approval process may result in fines of $500/day per our HOA bylaws.  Emotional Support Animals: Our HOA bylaws do not allow accommodations for emotional support animals.   

DAMAGES/BREAKAGES/LOSS/RESERVATION DEPOSIT - A deposit of $200 will be required and covers any damages to the rental property and its furnishings caused by Vacationers and their guests. Owner may use all or part of the security deposit to repair any damage caused by the Vacationers and their guests. Should the damage amount exceed the amount of the deposit, the Vacationer remains liable for the balance. The security deposit is not charged provided the following provisions are met.

• No damage is done to unit or its contents, beyond normal wear and tear.

• No charges are incurred due to contraband or collection of rents or services  rendered during the stay.

• All debris, rubbish and discards are placed in dumpster, and soiled dishes are cleaned.

• All fobs/parking passes are left in the unit and unit is left locked.

• No towels or linens are lost or damaged. Please do not use the white bathroom towels to remove makeup or for any type of cleanup (sand, spills, floor, etc). Please be aware spray tan is very difficult to remove from our linen and white bath towels. Any permanent staining will result in a replacement charge (per towel/linen damaged).

• Damages/Breakages/Theft/Loss - These are the tenants’ responsibility during their stay and must be advised ASAP. Any damage or loss of property will be charged at repair/replacement cost.

• The condo is not left in a condition that will require cleaning that goes above and beyond our standard cleaning process. Excess cleaning above and beyond our standard cleaning process will result in an additional cleaning charge.

• No early check-in or late checkout (without prior approval).

• The renter is not evicted by the owner (or representative of the owner) or the local law enforcement.

MAXIMUM OCCUPANCY – The maximum number of guests for the 1 bedroom condo is limited to two (2) persons (day or night) including children/infants. People other than those in the Guest Party set forth above may not stay overnight in the property without prior approval from the owners.  Any other person in the property is the sole responsibility of the Guest. An additional charge of $50 minimum per person per night for guests in addition to above guests will be assessed. At all times during said rental period, Guest agrees to have no more than the allowed number of guests for occupancy, (including children). If more than the stated number of guests are found to be occupying the unit, without prior written permission, Owner has the right to terminate this contract and Guest will forfeit all monies paid, including rent, cleaning, and deposits.  

ACCESS – Guest shall allow Owner access to the property for purposes of repair and inspection. Homeowner shall exercise this right of access in a reasonable manner.  

Guests shall allow Pest Control access to the property.  Pest control is conducted once monthly.  Please reach out for the pest control schedule.  

A code will be provided to the Guest prior to arrival for access to the building entrance FOB key and front door to the condo.     

LOCKED AREAS – Vacationers may not be provided a key for Owner’s personal storage spaces. Any attempt to enter locked areas is cause for immediate termination of this agreement, forfeiture of all monies paid, and Vacationer’s will be liable for any damage and/or missing items.    

APPLIANCES – Use appliances for their intended uses only.   

PARKING & PARKING PASSES – Off street parking is available for a maximum of 1 vehicle per visit.  One parking hang tag will be provided during your stay and will be required for overnight parking to prevent towing of vehicles. Always display the parking hang tag from your rearview mirror during your stay.  Any illegally parked cars are subject to towing; applicable towing fees/fines are the sole responsibility of the vehicle owner.  Boats, Recreational Vehicles (RVs) and Motorcycles are not permitted in our parking lot per our regime rules (unfortunately there is no off street parking nearby where these types of vehicles can be parked during your stay).   The parking hang tag must be left on the kitchen counter.  If it is lost or taken home, a $50 replacement fee will be charged as we would have to request a replacement for the next guest from our property manager.  

NOISE – We ask that all guests be considerate of neighbors.  Sound levels, including music and television, should be maintained to avoid disturbing the adjacent neighbors.  No parties are permitted. Quiet hours are 10 pm – 7 am. Guest understands and agrees that they, and all members of their rental party will be respectful to our neighbors, including, driving slowly on the road to the property, not creating any noise (including music) which the neighbors can hear, especially in the evening and during the night. Any violation of this rental agreement and Guest will be required to leave immediately, with no refund for any unused rental time.  

FALSIFIED RESERVATIONS – Any reservation obtained under false pretense will be subject to forfeiture of advance payment, deposit and/or rental money, and the party will not be permitted to check in.   

 WRITTEN EXCEPTIONS – Any exceptions to the above mentioned policies must be approved in writing in advance.   

KEYS & FOB SYSTEM – If the building FOB security key is lost, there will be a $50 replacement fee, as the Owner must pay this to the regime property management to replace the missing FOB.   

POOL AREA – There is an indoor pool, Jacuzzi and outdoor pool for you to enjoy.  The indoor pool and Jacuzzi are open year-round.  The outdoor pool is closed in the offseason (after Labor Day to February.  You are welcome to use the pools or Jacuzzi unless closed for maintenance.  The pool hours are 9 am to 10 pm (please read pool signs in case times posted change).  Please follow the pool rules that are displayed in the pool areas and observe the pool hours noted.  Please also keep noise to a minimum when at the pool.  The building fob is required to access the pool areas.     

RENTAL RULES – Guest agrees to abide by our Condo Regime Rules outlined at the end of this agreement, at all times while at the property and shall cause all members of the rental party and anyone else Guest permits on the property to abide by the following rules at all times while at the property. Should Guest violate these rules, Owner reserves the right to cancel this rental immediately with no refund due to Guest.  

Please be advised that the condo you are renting is located within a condominium which contains certain amenities and common areas (including but not limited to the swimming pools and Jacuzzi) which may from time to time not be fully functional or operational or may be under repair as managed by the building administration such that the use of these areas and/or amenities may be unavailable or limited during your stay in the condo. In this context, while we recognize and regret any resulting inconvenience to our guests, the owner of the condo will not be responsible for any such events of outage or unavailability and shall have no responsibility or obligation to grant any discount or refund of any of the rental fee as a result of any such circumstances.   

WATER AND SEPTIC –The septic system is very effective; however, it will clog up if improper material is flushed. DO NOT FLUSH anything other than toilet paper. No feminine products should be flushed at anytime. If it is found that feminine products have been flushed and clog the septic system, you could be charged damages of up to two hundred dollars ($200).   

 STORM POLICY –HURRICANE OR STORM POLICY – No refunds will be given unless:      

The state or local authorities order mandatory evacuations in a "Tropical Storm/Hurricane Warning area" and/or a "mandatory evacuation order has been given for the Tropical Storm/Hurricane Warning" area of residence of a vacationing guest.    

The day that the authorities order a mandatory evacuation order in a "Tropical Storm/Hurricane Warning," area, we will refund:      Any unused portion of rent from a guest currently registered;     Any unused portion of rent from a guest that is scheduled to arrive, and wants to shorten the stay, to come in after the Hurricane Warning is lifted;       Any advance rents collected or deposited for a reservation that is scheduled to arrive during the "Hurricane Warning" period.    

CONDITION OF PROPERTY – Inspect the property as soon as you arrive. If you are not happy with the condition or cleanliness of the property, please let us know immediately. Guest shall return the premises in the same condition as received. We are following CDC guidelines when cleaning, sanitizing and disinfecting our properties.    

NO DAILY HOUSEKEEPING SERVICE –While linens and towels are included in the unit, daily maid service is not included in the rental rate. We do not permit bath towels or linens to be taken from the units stay.  There is not a washer/dryer in the unit, and we do not have a coin laundry room in the building. Rental property should be left in the same condition as originally found.  Any undue or unreasonable cleaning necessary as a result of the vacationer’s stay will result in an additional charge of $50 per hour, with a one hour service minimum.     

UPON CHECKOUT –Make sure that you have all of your belongings (including chargers).  We are not responsible for items left behind.  If you do forget something, please notify us immediately.  We will make the attempt to retrieve the item and return to you at your request.  Note a minimum charge of $10 plus postage will be charged to ship items.  We are not responsible for items left behind, but will do our best to retrieve and return any items found.     

CANCELLATION POLICY – Please see the cancellation policy as outlined on the reservation.      

TRAVEL AND VACATION RENTAL INSURANCE – Life is unpredictable, therefore, we encourage all guests to purchase travel insurance. If purchased by you, this insurance reimburses you for prepaid non-refundable expenses due to certain unforeseeable circumstances that may jeopardize your vacation investment and force you to incur unplanned expenses. This can include but is not limited to sudden illness, death in the family, or property unavailability due to Force Majeure. It is strongly recommended that Guest purchase this valuable protection; however Guest has the option to decline to purchase travel insurance. You can purchase Travel Insurance from many providers.    

Owner is not responsible for the relocation of Guest should the house become non-habitable due to acts of God, such as wildfire, floods, tornadoes, earthquakes and natural disasters, and Owner is not liable for the costs of finding an alternative accommodation or for damages because alternative accommodation cannot be found. We recommend the purchase of trip insurance that would protect Guest from monetary loss from such an event.     

NO ASSIGNMENT OR SUBLETTING OR THIRD PARTY RESERVATIONS: This Agreement shall not be assigned, nor the premises sublet, nor the premises rented for a third party without the prior written consent of the Owner. Guest acknowledges that they will personally occupy the property for the entire lease or rental period and will not sublet any portion of the property. Violation of these terms shall give Owner the right to immediately evict Guest and terminate this Agreement, and Guest will forfeit any right of return of any monies paid to date including any security deposit (if paid).

HOLD HARMLESS  

INDEMNIFICATION – Guest agrees to indemnify Owner and Owner’s Agent and save Owner and Owner’s Agent from and against any and all claims, actions, damages, liabilities and expenses, including reasonable attorney’s fees in connection with the loss of life, personal injury and/or damage to the property arising from or out of any occurrence in, upon, or about the premises, occasioned by an act or omission by Owner, Owner’s Agent, Guest or other occupants.    

OWNER and OWNER’S AGENT SHALL HAVE NO LIABILITY FOR DAMAGES OR INJURY to Guest or Guests: It is expressly understood and agreed that Owner and Owner’s Agent will not be liable for any damages or injury to Guest or other occupants and their property from whatever cause arising from the occupancy of said premises, both inside and outside of the condo, whether on the property or elsewhere.     

THE SUPERVISION AND SAFETY OF ALL CHILDREN ARE THE DIRECT RESPONSIBILITY OF GUEST OR PARENTS, OR CARETAKERS OF ANY CHILDREN ON THE PREMISES, including but not limited to the jacuzzi and pools and any and all other activities on the premises.      

Owner attempts to properly maintain the vacation rental. The vacationer agrees to immediately notify the owner of any maintenance problem, so that the situation can be remedied as soon as possible. Owner is not responsible for any inconveniences that may occur for which he has no control. This includes, but is not limited to: power outages, cable and WIFI outages, adverse weather conditions, mandatory evacuation, construction, mechanical failure such as pool, jacuzzi, television, WIFI/Internet, etc. No refunds will be given for occurrences beyond the owner’s control. We reserve the right to cancel this rental agreement at any time.     

ENTIRE AGREEMENT – This document and any additional rules outlined constitute the entire agreement between the parties. No oral statements shall be binding. This Agreement may only be amended by a written document duly executed by all parties. It is the intention of the parties that if any portion of this Agreement is invalid for any reason, such invalidity shall not void the remainder of the Rental Agreement.    

By indicating your consent to this agreement, you are acknowledging you are aware that the condominium is in a regime with rules and restrictions that apply to all units within the development. Owners are required by the regime to ensure that renters abide by those rules and restrictions. This applies not only to use of the common areas, but also to any animal that comes onto the premises that is a service animal . The guest acknowledges and agrees to abide by the process put in place by the regime regarding allowing these animals onto the property. Additionally, the guest agrees to hold the Owner harmless for any claims, actions, damages, liabilities and expenses, including attorneys' fees, the guest may have that arise from the owner's implementation of the regime's required process for allowing service animals onto the property and in the condominium unit.     

DISPUTES AND JURISDICTIONS – This agreement shall be interpreted under the laws of the State of South Carolina. Any dispute under this Agreement shall be resolved in the County of Beaufort, State of South Carolina. All disputes, controversies or claims arising out of or relating to this contract shall be submitted to mediation or arbitration in the County of Beaufort. If either party brings an Action to enforce its rights under this agreement, the prevailing party may recover its expenses (including reasonable attorneys' fees) incurred in connection with the Action and any appeal from the losing party.    

GUEST ACKNOWLEDGES THAT THEY HAVE REVIEWED AND UNDERSTAND THE TERMS OF THIS AGREEMENT and the Regime Rules and Regulations outlined and agree to be bound by them.     

Guest and Owner acknowledge that electronic acceptance of this Agreement is legally binding acceptance of all terms and conditions, the same as if Guest had actually executed the Agreement in person.     

ACKNOWLEDGEMENT of AGREEMENT On this day, the parties agree to the terms of this Short-Term Rental Agreement, as evidenced by their electronic acceptance of this Agreement.     

Accepted by Guest     

Accepted by After Dune Delight, LLC, By Brandy Morineau, Managing Member.   

OCEANWALK - RULES AND REGULATIONS     

IN ORDER TO ASSURE THE PEACEFUL AND ORDERLY USE AND ENJOYMENT OF THE PREMISES AND UNITS OF THIS PROJECT, THE FOLLOWING RULES AND REGULATIONS HAVE BEEN ADOPTED TO MUTUALLY PROTECT THE INTEREST OF ALL OWNERS, GUESTS AND TENANTS.     

PETS – Dogs, cats and other pets are not permitted in apartments or anywhere on the Oceanwalk Property. A charge of $500.00 per day will be assessed for any violation of this rule.   

BAR-B-QUE GRILLS – No flammable cooking apparatus may be used on the premises.   

POOL – The pool is for owners, their guests, and tenants only. Please observe the safety rules posted by the pool.    

TRASH DISPOSAL – Trash and garbage should be placed in the trash chutes in the parking area nearest the back of the building. Please do not leave bags of garbage in the hallways or next to the trash chute or on the grounds. Nothing is to be stored or left in outer halls which would block any ingress or egress.    

CARS, BIKES AND BOATS – Only vehicles with parking permits and valid registration and licenses may be parked on Oceanwalk Property. Spaces in the parking lot are available to owners, guests and tenants on a “first-come” basis. Bicycles may be parked in the parking lot in the racks provided – please lock them in place. Boats and trailers may not be parked on the property. No motorcycles are allowed on the property. Grocery carts are not allowed on the property.    

BALCONIES AND PATIO WALLS – Please do not store any belongings on the balcony or hang anything from the railing. If provided, use the drying rack for towels and bathing suits.    

APARTMENT FURNISHINGS – Please do not remove blankets, chairs, or utensils from the apartments. Nearby shops have toys, mats and chairs for use at the beach.    

NOISE – Running and shouting in the halls, lying in the elevator, loud TV’s and radios are against house rules. If you are bothered by excessive noise and cannot deal with the problem easily, identify the source by unit number and report it to the Sheriff’s Office or Security. Enjoy your visit at Oceanwalk, but also be considerate of others.    

PROBLEMS AND EMERGENCIES – If you do not have a parking pass or are locked out of your unit, please contact the owner or rental agent with whom you arranged your occupancy.   

SERVICE ANIMALS OR EMOTIONAL SUPPORT ANIMALS – Service Animals: Our HOA Bylaws require that we must receive and submit any request for accommodations of a service animal to our HOA Board of Directors prior to a guest arrival and that we must also have received approval of that accommodation from our HOA Board of Directors prior to a guest arrival.  As this process may take more than 3 business days we ask that you reach out ahead of time so that we can notify our HOA Board of Directors appropriately.  Not following this approval process may result in fines of $500/day per our HOA bylaws.  Emotional Support Animals: Our HOA bylaws do not allow accommodations for emotional support animals.