SHORT-TERM RENTAL AGREEMENT

This Short-Term Rental Agreement (the “Agreement”) is made by and between  Fair Winds Management, LLC (“Manager”) and  the undersigned guest (“Guest”) as of the date last set forth on the Booking Confirmation email sent to Guest upon confirmation of the reservation. For good and valuable  consideration, the sufficiency of which is acknowledged, the parties hereby agree as  follows: 

1. Property. The property is located at: 273 Contant and Enighed, St John, USVI 00831. The property is furnished and includes full kitchen appliances, dishes and cookware, televisions, wifi components, full  bedding, bathroom towels, beach towels, beach chairs, snorkel masks, and fins. 
2. Maximum Occupancy: The maximum number of guests is limited to six for Hawksnest Villa and Salomon Villa rentals.  The maximum number of guests is limited to four for Honeymoon Villa rentals. No other occupants or guests are permitted.  A maximum of two pets are permitted subject to a non-refundable pet fee of $100.00 per pet per stay. We reserve the right to require immediate removal of any pet that displays dangerous or unacceptable behavior, including, but not limited to, biting, excessive noise (such as barking), evidence of disease, or urination / defecation in public areas.
3. Term of the Lease. The lease begins at 4 p.m. on the Arrival Date  and ends at 10 a.m. on the Departure Date.
4.  Rental Rules: Guest agrees to abide by the Rental Rules attached at all times while at the property and shall cause all members of the rental party to abide by the following rules at all times while at the property. 
   1. No parties or events are permitted. Please keep noise to a minimum after 10pm  ABSOLUTELY NO PARTIES.
   2. No unregistered guests allowed on the premises, during the day or overnight. Guests can be added any time before your check in day. Having more guest on the property than listed on the rental agreement voids the rental agreement and terminates your stay. 
5. Access: Guest shall allow Manager access to the property for purposes of repair and inspection. Manager shall exercise this right of access in a reasonable manner.
6. Rental Rate and Fees 
   1. Deposit: A deposit is due immediately to hold your reservation.  The deposit is subject to the Cancellation Policy and applied toward the rental fees. 
   2. Rental Rate. Payment in full of the following fees shall be due within 60 days prior to the Arrival Date.  The rental rate shall be as specified in the Booking Confirmation. 
   3. Security Deposit:  A security deposit of $500.00 will be authorized but not charged to your credit card on file for any damages or outstanding fees.  Once the guest checks out, a member of the property staff will thoroughly review the property.  The credit card on file may be charged within within 5  days of checkout, in accordance with the below policy for damages and fees.
   4. Any damages, missing items, excessive or unpermitted use requiring a greater than normal cleaning service and/or fees for violating the rental agreement will be provided to the Guest in writing (likely by email) within 5 days of the checkout with photo evidence as available and any invoices for  extra costs incurred. The Manager shall, after presenting the damages to the  Guest, charge the credit card on file for any costs or fees incurred by the Guest from the security deposit. 
7. Cancelation Policy: If Guest wishes to cancel reservation at least 60 days prior to arrival date, a refund will be provided equal to monies paid less a cancellation fee equal to the first night’s stay (including taxes). That is why we strongly recommend travel insurance for our guests. You must contact us in writing if you need to change or cancel your reservation. **Please note that stays less than three nights are non refundable nor credited for a future stay in any circumstance.
8. Covid 19 – If due to government restriction, visitors are prohibited from arriving for their check in date, the Guest may at their election move the reservation to a future  time period (subject to availability) within the next 365 days.  Guest will be responsible for any price difference if the new reservation is more expensive than the total Rental Rate. It is the Guest’s responsibility to comply with all entry requirements including  quarantine, Covid testing or any other requirements in force at the time.  If the Guest doesn’t comply with any government requirements, is not able to comply with  government requirements or is not able to travel due to exposure to the virus or other  health concerns the reservation is not refundable and the Cancellation Policy will  apply. 
9. Insurance: We encourage all renters to purchase traveler insurance.
10. Accidental Damage: Guests will be completely responsible for any and all damage to the home or property caused by Guests, whether accidental or due to Guests negligence.
11. Use of Security Cameras: Guests understand and accept that the property is protected with outside security cameras. These cameras are used to protect the property from potential break-ins and theft. There are no cameras inside any home.
12. Personal Property:  Guest understands that any personal property of and used by Guest is not insured by Manager and Manager shall not be responsible for any lost, stolen or missing property of the Guest or property of Guest left after check out.
13. Non-Smoking: This is a NON-SMOKING vacation rental. Evidence of smoking,  such as the smell of cigarette or cigar smoke inside the home by the cleaning crew is  sufficient basis to charge the renter for smoke cleanup and removal from carpeting, AC  ducts & filters and furniture. This type of cleanup is expensive and Guest is Liable for the deep cleaning Costs incurred.
14. Indemnification: Guest agrees to indemnify and hold harmless Manager for any liability arising before termination of this Agreement for personal injuries or property damage caused by the negligent, willful or intentional conduct of Guest(s). 
15. Forum Selection, Jurisdiction, Law and Venue: The parties agree to the exclusive  jurisdiction and venue of the Federal District Court of the State of Arizona for the resolution of all disputes arising under this Agreement. It is expressly agreed that  this Agreement shall be governed and construed by the laws of the State of Arizona only, irrespective of the location of the property or state of residency of Guest. 
16. Disclosure of Guests:  Guest agrees that it must disclose all members of its rental group to Manager and agrees to obtain signed copies of this Agreement by all guests over the age of 18.  Guest agrees to be personally liable for any damage or injury caused by or to any undisclosed member of the rental party.  Guest agrees that the foregoing applies even in the event such damage or injury was the responsibility of the Manager.  For guests under the age of 18, Guest agrees to have the acknowledgment portion executed by the applicable parent or legal guardian.
17. Express Assumption of Risk.  Guest understands that the property is an older home and that Manager is the sole party involved in the maintenance or rental of the property (not the individual homeowners or other non-parties to this Agreement).  Further, the undersigned hereby agrees that he or she is renting the property at his or own risk and assumes all risk related to staying in and/or utilizing the property and its amenities, including but not limited to ingress and egress onto the property, use of the property’s water, electrical, and/or other systems, even if the risks arise out of the negligence or fault of the Manager, its members, managers, employees, agents, or the individual homeowners.  
18. Waiver.  Guest understands and agrees that the Manager, its officers, employees, members and any other third party, including, but not limited to, the individual homeowners shall not responsible for any damage or personal injury sustained by the Guest or any minor children under the undersigned’s custody, care, and control, as a result of any and all activities related to the use of rental of the property.  The undersigned assumes full responsibility for any such injuries or damages which may occur, even in the event of negligence or fault of Manager, its affiliates, or any other non-party.  This includes any damage or injury caused by slipping on wet pavement or surfaces, any personal injury or loss or damage to Guests’ property caused directly or indirectly from foul, inclement weather conditions, acts of god or nature, failure of heat, accidents  related to fire, heaters, stoves, or any foreseeable and unforeseeable circumstances. Under no circumstances will Guest or their guests hold the Manager responsible for  any damages or claims of any kind resulting from their stay, except for intentional acts  of harm. 
19. Limited Release.  Guest acknowledges that he or she is entering into this agreement solely with the Manager and that there are no other parties to this Agreement or any obligations due to Guest on the part of any such non-parties.  Guest on its behalf and that of any minor children under the undersigned’s custody, care, and control, hereby forever releases all known and unknown claims against such non-parties related to the property and any related damages or injuries to Guest.