Guest Rental Agreement
This Guest Agreement (“Agreement”) is made between Homesphere, LLC (“Homesphere”) and Guest (“Guest”) and relates to Homesphere managed accommodations.
1. This Agreement is in addition to any rental agreement entered into by Guest on the website by which Guest located the accommodations in the Building. In the event of any conflict between the terms of this Agreement and the terms of any such rental agreement, the terms of such rental agreement shall govern.
2. Guest must be at least 18 years old and able to enter into legally binding contracts to access and use rental accommodation provided by HOMESPHERE. By booking a reservation with HOMESPHERE Guest represents and warrants that they are 18 or older and have the legal capacity and authority to enter into a contract. Some areas or during certain times of the year, a property may require the guest to be older than 18.
3. Guest understands and agrees that, prior to Guest’s use of the accommodations, HOMESPHERE will perform a national criminal and sex offender background check on Guest through an accredited consumer reporting agency and that, in the event of an adverse background check report, Guest’s reservation shall be canceled and Guest’s reservation deposit shall be returned to Guest. Guest also acknowledges that a copy of the background check report will be provided by HOMESPHERE to the owner or property manager of the Building upon the owner’s or property manager’s request, subject to all applicable federal, state, or local requirements applicable to the recipients of such information. Use of a name other than the true legal name of Guest for the purposes of the reservation shall be grounds for immediate cancellation of the reservation and return of Guest’s reservation deposit.
4. At the time of booking, Homesphere requires a 100% amount of the total reservation amount to be paid if your arrival date in less than 30 days away. For some bookings made more than 30 days prior to arrival date, Homesphere requires a 30% down payment of the total rental charge. With the exception of bookings made through Expedia or booking.com with more “flexible” cancelation terms, all bookings are non- refundable. Upon cancelation, any amount collected by Homesphere is retained. In addition, if no payment has been received within twenty-four (24) hours or if a failed payment request was received, HOMESPHERE has the right to cancel the reservation.
5. Guest authorizes HOMESPHERE to charge Guest’s credit card for damages, extra cleaning required after Guest’s use of the accommodations, unauthorized early check-in or late check-out, or as otherwise outlined in the fee schedule below. Damages and extra cleaning shall be determined in the reasonable discretion of HOMESPHERE.
6. Guest and Guest invitees, visitors and guests must abide by HOMESPHERE rules and regulations and the rules and regulations of the Building, a copy of which is attached hereto. In the event of any conflict between HOMESPHERE’s rules and regulations and the rules and regulations of the Building, the more restrictive applicable rule or regulation shall govern. Violations of any rules may result in immediate eviction and loss of any monies paid to Homesphere.
7. The accommodations shall not be used for any unlawful or illegal purpose under applicable federal, state, or local laws, statutes, ordinances, or orders. Use of the accommodations by Guest or Guest’s invitees, visitors, or guests for any unlawful or illegal purpose shall be grounds for immediate termination of the balance of Guest’s reservation. The accommodations shall not be used for any commercial, industrial, wholesale, or retail activity. No nails, screws, fasteners, or adhesives of any kind shall be inserted into or attached to any portion of the accommodations or the furnishings or other improvements in the accommodations.
8. Occupancy of the accommodations is limited to the number of individuals permitted by the Building or applicable laws, statutes, or ordinances. Occupancy may not exceed the number of sleeps in a property. Overoccupancy is grounds for immediate eviction.
9. No pets, including emotional support animals or therapy animals, are permitted in the accommodations unless pre-approved in writing by HOMESPHERE. Note that the Building may not permit animals of any kind or for any purpose. Violation of these policies may result in eviction.
10. The accommodations are equipped and supplied as fully furnished, including bedspreads, linens, blankets, pillows, towels and a standard equipped kitchen. Towels for hot tubs, spas, and/or swimming pools are not provided; Guest is responsible for providing towels for such use. Towels provided in the accommodations are not to be used for such use. Furnishings and floor plans of accommodations may differ from photographs in advertisements. Missing or damaged items provided in the accommodations shall be charged to Guest’s credit card.
11. Guest is responsible for reporting any maintenance immediately after check-in. Homesphere will make every effort to address any maintenance once reported by you. No refunds will be made for any mechanical breakdowns or failures.
12. No smoking of any product or substance is permitted in the accommodations, common areas of the Building or near Building entrances.
13. No parties or other gatherings of individuals greater in number than twice the number of individuals legally permitted to occupy the accommodations are permitted in the accommodations. If HOMESPHERE is notified of a noise complaint during Guest’s occupancy, Guest will be notified by e-mail or telephone. If HOMESPHERE is notified of a second noise complaint during Guest’s occupancy, Guest will be removed immediately from the Building without refund. If law enforcement is called to the Building for any reason relating to a disturbance, noise complaints, occupancy issues, or inappropriate behavior involving Guest’s accommodations, Guest shall be responsible for all costs associated with such activity, including repair of any damage done to the accommodations or the Building, and may be subject to prosecution and/or eviction.
14. Guest is responsible for the conduct of all persons occupying or visiting the accommodations during Guest’s occupancy of the accommodations. Staff at the Building is not associated with HOMESPHERE. In the event Guest has any questions or concerns relating to the accommodations, including maintenance issues affecting the accommodations, Guest should immediately contact HOMESPHERE. Damage or cleaning issues relating to the accommodations must be reported to HOMESPHERE within three (3) hours of Guest’s first arrival at the accommodations. Damages or cleaning issues not so reported will be the responsibility of Guest and may result in additional charges to Guest under the fee schedule.
15. All keys, fobs, access cards, or remotes (garage) for access to the Unit, Building, Amenities or parking area (as applicable) shall be immediately returned to HOMESPHERE upon completion of Guest’s stay in the accommodations. Any key, fob, access card, or remote (garage) that is not returned at the time of check-out will result in a charge. Guest will pay up to $200 per key, fob, access card, or remote (garage).
16. HOMESPHERE is not responsible for any personal property of Guest in the accommodations and does not provide insurance for any such items. Guest is responsible for the insurance of Guest’s personal property. Guest is responsible for all damage to the accommodations and its contents during Guest’s stay. Guest agrees to indemnify and hold HOMESPHERE harmless from any damage caused by Guest or Guest’s invitees, visitors, or guests to the accommodations, the contents of the accommodations, the Building or any of its common areas, and any personal injury or death suffered by Guest or Guest’s invitees, visitors, or guests to the extent such personal injury or death is determined by an appropriate authority not to have been a result of negligence or misconduct by HOMESPHERE, its shareholders, directors, officers, employees, agents, or representatives. HOMESPHERE shall not be responsible for any loss or damage suffered by Guest or Guest’s invitees, visitors, or guests due to interruption of utility services, essential services, fire, or other occurrences of a similar nature, provided, that, in the event any such interruption results in the accommodations being rendered unusable through no fault of Guest or Guest’s invitees, visitors, or guests, HOMESPHERE shall refund to Guest the amount prepaid by Guest and not applicable to the period prior to the accommodations becoming unusable.
17. HOMESPHERE reserves the right to move Guest to a comparable accommodation in the Building or in another facility at any time should circumstances beyond HOMESPHERE's control arise. In the event of any legal action to enforce or interpret this Agreement, the state courts of general jurisdiction or federal courts located in the portion of the state in which the Building is located shall have jurisdiction of such action.
18. If any provision of this Agreement is held to be invalid, illegal, or unenforceable, such provision shall be severable and the remainder of this Agreement shall not be affected and each remaining provision will be valid and enforceable to the fullest extent of the law.
19. In the event of any dispute arising out of or relating to this Agreement, whether or not litigation or another form of dispute resolution is commenced, the substantially prevailing party shall be entitled to recover from the non-substantially prevailing party its reasonable attorneys’ fees and costs incurred in resolving such dispute. In the event of litigation or other forms of dispute resolution, the right to recover such attorneys’ fees and costs shall extend to any appeals and the cost of collecting any amounts due or enforcing any judgments or orders entered in such proceedings.
20. Guest understands and consents to the use of Guest’s credit card provided without original signature on the credit card slip, that an e-mail of this Agreement may serve as an original credit card slip, and that the credit card authorization cannot be revoked and will not terminate until ninety (90) days after Guest’s use of the accommodations has terminated.
21. Fee Schedule:
• Unauthorized Late Check-Out: $100/hr after 11 a.m. local time
• Smoking in Accommodations: $250 plus all costs to clean/restore
• the accommodations
• Extra/excessive Cleaning: $100/hr for cleaning requiring more than 2 hours
• Unauthorized Pets: $250 plus all costs to clean/restore the accommodations
• Broken/Missing Items: Varies depending upon item and whether repair or replacement is required (as appropriate)
• Missing Keys: up to $200 /key
• Missing Key Fob/Keycard: up to $200/Fob or key card Parking Hangtag: $25 /hangtag
• Parking Remote: up to $200 /remote