TERMS & CONDITIONS

In consideration of the monies recited and the mutual obligations contained herein, the Owner does hereby lease and rent to Guest that certain Property known as the main house at Villa Solenborg on the island of St John in the US Virgin Islands, under the following terms and conditions. Corby Parfitt (Owner) as rental Owner for the Owner, signs this agreement on behalf of Owner in this transaction WITHOUT RESPECT TO RACE, COLOR, RELIGION, SEX, NATIONAL ORIGIN, HANDICAP, FAMILIAL STATUS, SEXUAL ORIENTATION OR GENDER IDENTITY OF ANY GUEST.

1. Reservation and Payment Requirements: Payment in full will be due upon booking. 

2. Payment Methods: Payment can be made to in US funds only by credit card or wire transfer. No other methods of payment will be accepted.

3. Taxes: The State of California imposes a Transient Occupancy Tax (TOT) of 10% of the total gross rent payment for all short-term guests. 

4. Whether or not a Security deposit is collected, Guest hereby agrees to reimburse Owner for all damages to Owner's property caused by Guest and/or his guests. Guest shall also be responsible to Owner for attorney fees and other costs necessary to collect for such damages as allowed by law.

5. Deposits: ALL SECURITY DEPOSITS MADE BY GUESTS WILL BE HELD UNTIL THE CONDITION OF THE PROPERTY CAN BE CONFIRMED AFTER CHECK OUT. 

6. Cancellations: 

7. Non-availability of Property: In the event that the Owner is unable to deliver the Property to Guest at check-in because of fire, weather, road closures, eminent domain, bankruptcy, receivership, foreclosure, acts of nature, double booking, or any other reason whatsoever, Guest's sole remedy and maximum damages recoverable as a result of any of these conditions is the full refund of all funds previously received from Guest less fees paid to third parties for the benefit of Guest as authorized by Paragraph 5. If such an event occurs after check-in Guests recovery is limited to a pro-rated refund. 

8. Evacuations: THERE WILL BE NO REFUNDS DUE TO INCLEMENT WEATHER, INCLUDING ROAD CLOSURES DUE TO EXCESSIVE SNOW/ICE, AVALANCHES, BLIZZARDS, FLOODING and/or WILD FIRES. If state or local authorities order a mandatory evacuation of an area that includes the residential property subject to this vacation rental, the Guest shall comply with the evacuation order. Upon compliance, any trip insurance secured by the Guest, should he elect to secure it, shall be the sole compensation to the Guest for losses resulting from the evacuation. The Guest will not be otherwise entitled to a refund if prior to the Guest taking possession of the property the Guest refused to secure appropriate insurance.

9. Other Refunds: There will be no refunds unless at the time the Guest is to begin occupancy the property is uninhabitable. The malfunction of air conditioning, kitchen appliances, electrical equipment, or plumbing will not automatically render the property unfit and uninhabitable. Damage to certain structures including but not limited to  porches and outside walkways will not automatically render the property unfit and uninhabitable. Public utilities are beyond Owner’s control and their failure will not be grounds for a refund. No Amenities are guaranteed. The failure or absence of amenities including but not limited to TVs, computer equipment, hot tubs, saunas, telephone service, and internet service will not entitle Guest to a refund. Every effort will be made to ensure repairs are made and that all equipment is kept in working order. Please report any inoperative equipment to Owner promptly. No refunds shall be granted due to acts of nature, delay in check-in, early departure, surrounding construction, the condition of nearby properties and/or noise.

10. Pets: Pets are strictly forbidden on the property. Nevertheless, no guarantee is made that a rental property has been free of pets or service animals prior to Guests 'occupancy and no refunds can be given if it is discovered that pets or service animals have formerly occupied the property. Further, Guests who bring pets onto the property will have committed a material breach and be subject to refusal of occupancy, termination of this agreement and eviction without refund. 

11. Maximum Occupancy: Occupancy of the premises will be limited to the number of guests specified in the rental agreement and in no event more than two persons per bedroom including family, children and Guest guests. Guest should not permit the property to be occupied beyond maximum occupancy at anytime whatsoever. Violation of this prohibition will result in a material breach that allows refusal of occupancy, termination of this agreement, and immediate eviction without refund. Bedding arrangements in the Property are to illustrate possible sleeping arrangements and may not be taken as a representation of permitted occupancy. The hosting of parties in the home, on decks, or anywhere else on the property beyond the maximum occupancy is a violation of the terms contained herein. Guest agrees to be responsible for ensuring that maximum permitted occupancy of the Property is not exceeded during the term of the lease and should contact Owner with any questions regarding the permitted occupancy of the Property.

12. Groups Not Allowed: Groups are not allowed to rent property. No sororities, fraternities, students, graduation groups, wedding groups, chaperoned groups containing minors, or un-chaperoned groups containing minors are allowed. If a group misrepresents itself to be a qualified Guest and reserves the property, there will have been a material breach that allows refusal of occupancy, termination of this agreement, and eviction without refund. Owner or Owner’s Agent reserves the right to refuse occupancy or have the Property vacated without refunding any amounts previously paid. Guest is invited to consult with Owner prior to signing this Agreement to assure that it is a qualified Guest.

13. Acceptance of Policies: BY SIGNING THIS VACATION RENTAL AGREEMENT GUEST ACKNOWLEDGES THAT GUEST HAS READ AND UNDERSTANDS THE VACATION RENTAL POLICIES OUTLINED HEREIN. REPEATED VIOLATIONS OF ANY POLICY THAT COULD POTENTIALLY ENDANGER GUESTS AND/OR THE OWNERS' PERSONAL PROPERTY WILL RESULT IN A MATERIAL BREACH THAT ALLOWS REFUSAL OF OCCUPANCY, TERMINATION OF THIS AGREEMENT, AND EVICTION WITHOUT REFUND.

14. Expedited Evictions: Any Guest who leases residential property subject to a Vacation Rental Agreement for 30 days or less may be evicted and removed from the property in an expedited eviction proceeding if the Guest does one of the following: (a) Holds over possession after his or her allotted reservation has expired. (b) Has committed a material breach of the terms of the Vacation Rental Agreement that, according to the terms of the agreement, results in the termination of his or her tenancy. (c) Fails to pay rent as required by the agreement. (d) Has obtained possession of the property by fraud or misrepresentation.

15. Representation: Guest understands that Owner represents Owner in signing this Vacation Rental Agreement on behalf of the Owner solely in his capacity as the Property Manager and Booking Coordinator. 

16. Indemnification, Hold Harmless, and Release; Right of Entry; Assignment: Guest agrees to indemnify, hold harmless, and release Owner, the Owner and anyone else associated with this booking harmless to the extent allowed by law from and against any liability for personal injury or property damage sustained by any person (including Guest's guests). Guest acknowledges Villa Solenborg has areas that can be of extreme danger to young and/or unsupervised children. If there are any children in your group under the age of 18, owner reserves the right to require guests to execute an additional indemnification agreement addressing potential liability associated with the inclusion of children within their traveling group prior to or during the check in process. Guest agrees that the Owner or their respective representatives may enter the Property during reasonable hours to inspect the Property, to make such repairs, alterations, or improvements thereto as Owner may deem appropriate or necessary. It is understood and agreed that Owner is retained by Owner to market his property for rental purposes and not to inspect, maintain, or repair the structural integrity of the Property. Owner will make arrangements with other independent contractors for those purposes. Guest shall not assign this Agreement in whole or part without written permission of Owner. 

17. Competency: All parties to this Agreement verify that they are of legal age and / or otherwise competent to enter into this Agreement.

18. Applicable Law, Jurisdiction and Venue: This Agreement shall be governed by and construed in accordance with the laws of the US Virgin Islands. In the event of a dispute, Guest consents to and waives all due process or any other objections to the exclusive jurisdiction and venue of the Territorial courts of the US Virgin Isands. Guest agrees that such courts constitute a convenient forum in that the Real Property that is the subject of this agreement is located in the US Virgin Islands.

19. Entire Agreement: This Agreement is the entire agreement among the parties with respect to the subject matter hereof, and no representations or covenants, whether oral or written, have been made regarding the subject matter hereof except as provided herein.

21. Smoking: Smoking is strictly prohibited within the interiors of the property. Any evidence of smoking will result in a fee of $1000 per incident taken directly from the security deposit. Guests wishing to smoke shall do so only within designated exterior areas that shall be identified in the welcome package provided at check in. Pelase note the area around the Black Station Inn is an area with extreme fire hazards and we accordingly request that any guest who may chose to smoke on property use a device to contain and extinguish any ash and/or butts safetly before throwing in the trash or disposing elsewhere. 

22. Severability: Every provision of this Agreement is intended to be severable, and if any term or provision hereof shall be declared illegal, invalid, or in conflict with California Law or the purposes of this Agreement for any reason whatsoever, or if the enforcement of any provision shall be waived, the validity of the remainder of this Agreement shall not be affected thereby.

THE RIGHTS AND OBLIGATIONS OF THE PARTIES TO THIS AGREEMENT ARE DEFINED BY LAW AND INCLUDE UNIQUE PROVISIONS PERMITTING THE DISBURSEMENT OF RENT PRIOR TO TENANCY AND EXPEDITED EVICTION OF GUESTS. YOUR SIGNATURE ON THIS AGREEMENT, OR PAYMENT OF MONEY, OR TAKING POSSESSION OF THE PROPERTY AFTER RECEIPT OF THE AGREEMENT, IS EVIDENCE OF YOUR ACCEPTANCE OF THE AGREEMENT AND YOUR INTENT TO USE THIS PROPERTY SOLEY AS A SHORT TERM VACATION RENTAL.