Terms and Conditions
BY CHECKING "AGREE TO TERMS", GUEST UNDERSTANDS AND AGREES AS FOLLOWS:
1. Surfside Realty Co., Inc. is referred to as “Agent” or as “Surfside Realty” in this Agreement. The term “Owner” in this Agreement refers to the person(s) who own the Premises where the Guest is staying. The term “Premises” refers to the property where the Guest is staying. The term “Guest” refers to the individual who has signed this Agreement with Surfside Realty and who is staying at the Premises.
2. Check-in time is between 4:30 - 6:00PM on Saturday. Check-in begins at 4:30PM. Surfside Realty makes every attempt to ensure the Premises are ready at check-in at 4:30 PM, but it is not guaranteed. All Guests must check-out before 10:00AM on the day of departure. If the Guest fails to timely check-out, they agree to pay a fee of $150.00. No late check-outs are allowed.
3. Proper Age for Rental. The rental agreements between Surfside Realty and the Owner prohibit Surfside Realty from renting the Premises to chaperoned or un-chaperoned non-family groups unless all members are 25 years of age or older. By signing this Agreement, Guest represents that his/her stay on the Premises will not violate this provision. Should Guest violate this provision, they will be required to vacate the Premises immediately, without refund.
4. Accepted Forms of Payment. Reservations can be paid with cash, traveler’s checks, cashier’s checks, bank issued money orders, personal checks, e-checks, or credit card. E-checks and personal checks are NOT accepted within 14-days of arrival. Reservations paid with a credit card will have a 3% service fee. Credit card service fees are nonrefundable.
5. Reservation Must Be In Cardholder/Bank Account Owner’s Name. If payment is made by credit card or check, the name on the credit card or check must match the name on the reservation. If the deposit is paid by credit card, the remaining balance for the reservation will be automatically charged to the credit card within thirty days of the reservation. To avoid this automatic charge for the balance of the reservation, the Guest must notify the Agent more than thirty days before the reservation of the Guest's desire to pay the balance of the reservation with another form of payment.
6. Deposit & Refund. Guest shall be responsible for paying a deposit for the Premises at the time of booking. The deposit will be applied to the rental charges for the Guest’s stay. Guest must timely cancel or change a reservation within twenty-four hours after booking in order to be entitled to a full refund of their deposit. If Guest timely cancels or changes their reservation (within twenty-four hours of booking), Guest shall be entitled to the return of any deposit paid in the case of a timely cancellation and to apply the deposit towards a new property in the case of a timely change in reservation.
If Guest fails to timely cancel or change their reservation, the deposit will not be refunded until and unless the Premises is re-rented in full by Agent. If the Premises is re-rented in full, the deposit will be refunded less twenty percent of the deposit and any booking fees paid, which includes, but is not limited to, the Peace of Mind fee, Resort fee, amounts paid for Travel Insurance, and any Advance Tentative Reservation fee. If Guest fails to timely cancel or change their reservation and the Premises is re-rented by the Agent at a lower Weekly Advertised Rental Rate, the Guest will be refunded less the difference of the Weekly Advertised Rental Rates due, twenty percent of the deposit, and any booking fees paid.
After Guest pays the deposit, Agent will establish a deadline for Guest to pay the balance of the cost and fees associated with renting the Premises. Guest will be required to timely pay the balance for renting the Premises in accordance with the deadline set by Agent. If Guest fails to timely make payment in accordance with the deadline established by Agent, Guest will forfeit their deposit, will not receive a refund, and the reservation will be cancelled. If Guest cancels the reservation after paying the full amount due, the amount paid will not be refunded until and unless the Premises is re-rented in full by Agent. If the Premises is re-rented in full, the amount paid will be refunded less twenty percent of the Advertised Weekly Rental Rate paid by Guest and any fees paid, which includes, but is no limited to, the Peace of Mind fee, Resort fee, amounts paid for Travel Insurance, and any Advance Tentative Reservation fee. If the Premises is re-rented at a discounted Weekly Advertised Rental Rate, the Guest will be refunded the discounted Weekly Advertised Rental Rate, less twenty percent of the original Weekly Advertised Rental Rate paid by Guest and any fees paid.
7. Advance Tentative Reservations. Guest may desire to stay at the same Premises during the same week the following year. If Guest wishes to do so, Guest must timely pay an Advance Tentative Reservation fee to reserve the Premises for the same week the following year. The Advanced Tentative Reservation fee for condos is $50.00. The Advanced Tentative Reservation fee for houses is $100.00. The Advanced Tentative Reservation fee only reserves the Guest’s right to the Premises on the reserved dates and DOES NOT apply to the rental rate for the Premises for the following year. Guest must pay the Advance Tentative Reservation fee by Tuesday after check-out. Personal checks are accepted for advance reservations if received thirty days prior to arrival. If Guest fails to timely pay the Advance Tentative Reservation fee, Guest risks losing the ability to rent the Premises the following year. The Advance Tentative Reservation fee is not transferable and will be refunded only if the requested condo or home is not available for occupancy on the reserved dates. Guests who pay an Advanced Tentative Reservation fee will be required to pay a deposit for the Property two weeks after they receive the Deposit Request Agreement via email. The Deposit Request Agreement will be sent when Agent publishes the Premise’s rental rates for the following year.
8. Peace of Mind Protection. Peace of Mind Protection (“Protection”) covers Guest up to $500.00 (condo) or up to $1,000.00 (house) for any accidental damage that occurs to the Premises during Guest’s stay and is nonrefundable. The Protection does not cover any other property. The Protection does not cover any property owned by Guest or brought onto the Premises by Guest or any other person. In order for the Protection to apply, Guest must immediately report any and all accidental damage to Surfside Realty staff within 24 hours of the event causing damage. Upon timely report, Surfside Realty will investigate the claim, and Surfside Realty will then, in its sole and absolute discretion, determine whether the Protection applies to cover the loss. The failure of the Guest to timely report incidents will result in the loss of the Protection. The Protection does NOT cover acts of God, intentional acts, damage caused by unauthorized acts on the Premises, such as, but not limited to, smoking, any damage not timely reported to Surfside Realty within 24 hours, theft without a police report, and/or damages caused by any pet or other animal brought onto the premises.
9. Travel Insurance. Agent offers Travel Insurance to Guest through Red Sky Travel Insurance. When a vacation is interrupted as a result of injury, sickness, death, mandatory evacuations due to weather or certain other perils beyond one’s control, the Travel Insurance offered through Red Sky may cover non-refundable payments and other identified costs made by Guest. All decisions as to whether to provide coverage are made exclusively by Red Sky. Surfside Realty plays no part in making decisions on claims filed by Guest to Red Sky. For questions about coverage, Guest should contact Red Sky. This Agreement should not be construed in any way as a guarantee by Surfside Realty as to what events may or may not be covered by Travel Insurance, as all such decisions are made exclusively by Red Sky. If a Guest declines Travel Insurance, a refund will not be given for any unforeseen event which impacts Guest’s vacation, including, but not limiting to, mandatory evacuations. If the Governor of South Carolina issues a mandatory evacuation order, state law, S.C. Code § 27-50-260, requires the Guest to comply with all evacuation orders.
10. Pet Fee. The Guest must pay a pet fee for all pet friendly properties. If the reserved Premise is dog friendly, the fee is automatically added to the reservation. The fee is $250 per pet per week. This fee is non-refundable and mandatory whether or not a pet is present. The only pet allowed in pet friendly properties are dogs. A maximum of two dogs are allowed. No pets are allowed in any condominiums. Dogs are not allowed on the beach year round in Surfside Beach or Garden City Beach. Guests should refer to the Chamber of Commerce’s website for additional information regarding dogs on the beach. All service animals must be approved by a Surfside Realty Director in advance of the Guest’s stay.
11. The Premises is a privately owned dwelling with the Owner’s furnishings, and neither Surfside Realty nor the Owner shall be responsible for providing any additional furnishings or equipment not available presently on the Premises. Should Guest require specific accommodations not present on the Premises, Guest agrees to inform Agent in writing specifically of all accommodations needed as soon as possible. All requests for accommodation must be received by Agent at least thirty days prior to the commencement of the stay, to provide Agent with reasonable time to address any such requests.
12. Attorney’s Fees & Costs. In any action at law or in equity arising out of this Agreement or the breach of this Agreement, Surfside Realty, should it prevail in any such proceeding, shall be entitled to recover its reasonable attorneys' fees and expenses (including experts and consultants) and court costs in addition to any other relief to which it may be entitled.
13. Jurisdiction & Venue. Any dispute relating to or arising out of this Agreement or the rights or obligations under it shall be submitted for resolution exclusively in courts in the State of South Carolina. The appropriate federal court to resolve such disputes (if there is federal jurisdiction) shall be the United States District Court for the District of South Carolina Florence Division. The appropriate state court to resolve such disputes shall be the Horry County Court of Common Pleas in Conway, South Carolina. The appropriate Magistrate court to resolve such disputes (if there is jurisdiction) shall be in Horry County, South Carolina.
14. Waiver of Right to Jury Trial. In the event of any legal dispute relating to or arising out of this Agreement or the rights or obligations under it, the Guest and Agent each agree to irrevocably and unconditionally waive any right to a jury trial on any issue/claims in dispute, and they hereby agree that any and all disputed issues/claims shall be determined by a single judge without a jury.
15. Applicable Law. This Agreement shall be construed, interpreted, and applied in accordance with the law of the State of South Carolina.
16. Departure Maid Service. With the exception of off-season monthly rentals, Departure Maid Service is included in all rental rates. Before checking-out, Guest agrees to prepare the Premises for cleaning by housekeeping by completing the following tasks: empty all trash cans, empty refrigerator, place any dirty dishes in dishwasher and set to start, remove all rented linens and place in linen bags. Leave bags outside the main entry door. Failure to do so may result in additional charges.
17. To honor check-in after 4:30 PM and check-out no later than 10:00 AM.
18. By signing Guest agrees and understands the following; To pay for any and all damage to the Premises that occurs during Guest’s stay with the Guest’s credit card on file. By virtue of entering into this Agreement, Guest authorizes Agent to charge Guest’s credit card for any and all damage that occurs to the Premises during Guest’s stay. The Agent, in its sole and absolute discretion, will determine whether any damage occurred during the Guest’s stay. The following, while not exhaustive, lists some damage that may occur and lists the potential estimated costs of certain repairs and replacements.
a. Smoking: The Premises is smoke free. No smoking is authorized on any portion of the Premises whatsoever. This prohibition prevents any smoking inside the Premises, and it also prohibits smoking on any of the decks, porches, or balconies of the Premises. If smoking occurs on any portion of the Premises, the Guest will be responsible for the costs of returning the Premises to the condition it was in before the unauthorized smoking occurred. Such costs may range from $150.00 to $10,000.00.
b. Excessive Cleaning: If the Guest leaves the Premises in such a state as to require excessive cleaning, the Guest will be responsible for paying an excessive cleaning charge, which may range from $75.00 to $500.00, depending on the nature of the cleaning required.
c. Interior Damage: If the Guest causes interior damage to the Premises, the Guest will be responsible for the costs of any such repairs.
d. Moving Furniture: The Guest is not authorized to move furniture located inside or outside the Premises. If the Guest does so, the Guest will be responsible for paying reasonable costs associated with returning the furniture to its prior positions. Such costs range from $75.00 to $200.00.
e. Stolen Items: The Guest is not authorized to remove any item from the Premises. If the Guest does so, the Guest will be responsible for the cost of replacing the item.
f. Any Action Resulting in Delaying Check-in Time For Others: Guests agree to pay a charge of $150.00 if they take any action that will delay others from timely checking-in, including, but not limited to, the failure of the Guest to timely check-out.
g. Pet Friendly Premises: Guests agree to pay a charge of $150.00 if animal waste is not disposed of properly.
h. Allowing Pets to Enter Non-Pet Friendly Premises: If a Guest brings or allows a pet to enter a non-pet friendly Premises, the Guest will be responsible for paying for all costs associated with returning the Premises to the condition it was in before the unauthorized pet was present on the Premises. Guest is required to pay $1,000.00 per animal to return the Premises to the condition it was in prior to the unauthorized pet.
i. Unauthorized charges on cable or DirectTV: Guest will be responsible for the unauthorized charges plus a fee of $25.00 per unauthorized charge.
j. Waste Management: Guest will be charged for trash cans not rolled street side on appropriate pick up days if Premises is located in Garden City or Long Bay Estates.
k. Pool Area/Outdoor Premises: Guest will be charged $200 for leaving personal items/trash/sidewalk chalk around the pool area/outdoor premises. This includes pool floats/noodles and/or charcoal grills.
l. Tampering with Pool Equipment/ Heaters: Guest is not authorized to touch or adjust any pool equipment or settings. While not an exhaustive list, this prohibition prohibits Guest from touching or adjusting pumps, heaters, and motors in any pool on the Premises. Guest will be charged an appropriate amount determined by Agent for any damage to pool equipment or cost of heating the pool if Guest adjusts the pool heater.
m. Failure to follow Trash Disposal Instructions: All household trash must be disposed of in the appropriate bin at the end of the Guest’s stay. Blue recycling bins are for recycling only and recycling may not be bagged. Failure to follow trash disposal instructions will be result in a charge of $100.
n. Keys: Guest assumes responsibility for keys distributed to them during their stay. A lost, missing, or broken key will result in a $15 charge per key. In the event the Guest is locked out of the property, a $60 lockout fee will be charged.
o. Linen: The linens purchased in the linen package for a reservation are the property of Surfside Realty. The Guest must remove only the sheets from the beds. The Guest must place the sheets and towels in the laundry bags before checking-out and leave the linen bags outside by the main entry door. Guest agrees that they are responsible for the care and attention to these linens. If the linens are missing/damaged at departure or not placed in the bags, the Guest will be charged for the replacement cost of the linens. If the mattress pads or comforters/shams are on the exterior of the property, missing, or damaged at departure, the Guest will be charged for replacements. Guest understands that the purchasing of the linen package will ensure that linens are delivered to the property in a bag. If Guest desires to have beds made upon arrival, it must be specified to the Agent and this requires the payment of an additional fee. Guest understands that when beds are made upon arrival this excludes the top bunk of any bunk beds.
19. Inspection. Agent is authorized to inspect the Premises after the Guest checks-in at any time with or without notice. Guest understands that advance notice may not always be possible prior to an inspection. Guest understands that an authorized person sent by Agent may enter the Premises with or without notice for purposes of inspection, and Guest agrees to allow any such inspection to occur.
20. If the Guest occupies the Premises for the full length of the booked stay, there will be no refund of any kind, in whole or in part.
22. Any act of disorderly conduct will result in NO refund and immediate eviction from the Premises by law enforcement.
23. Paragraph 23 and its subparts apply only to monthly Guests. A monthly Guest is defined as a Guest staying at the Premises for 28 consecutive days or more. A monthly Guest is responsible for paying any electrical bill that exceeds: $75.00 (condo) or $100.00 (house).
A. Monthly Guests are subject to be moved to a different property at any time during their stay.
B. Surfside Realty is not responsible for any construction, renovations, limited parking, maintenance repairs that are present or performed during stay within property complex or neighboring property.
C. Security deposits paid by monthly Guests are held for up to 30 days after departure.
D. Monthly Guest agrees that their mail cannot be delivered to Surfside Realty’s office. Guest should request a mailbox at Surfside Beach Post Office (800) 275-8777 420 US 17 Bus Surfside, SC 29575
E. Monthly Guest agrees that security deposits or any other monies applied to their reservation will not be returned if stay is ended early.
F. Monthly Guest will be required to make scheduled payments to Agent. Monthly Guest shall provide Agent with a credit card, which Agent shall keep on file, for all such scheduled payments. By executing this Agreement, Monthly Guest agrees and authorizes Agent to charge Monthly Guest’s credit card on file for all scheduled payments. A 3% service fee will apply to all credit card payments.
G. Monthly Guest understands that the Premises may be for sale and as long as appropriate notice is given, Monthly Guest must vacate the Premises to allow for a showing.
24. Agent will not be responsible for personal items Guests may leave outside or inside the Premises. However, Agent will make diligent efforts to locate left items of importance and return to Guest at the Guest’s expense.
25. Guest will have no more in their party to use and occupy the Premises than the maximum guests as stated in this Agreement. Guest understands that the Premises is not to be used as a venue to host events.
26. Guest MUST notify Agent IMMEDIATELY if Guest has any problems with the condition of the Premises. Any maintenance or cleaning issues should be reported on the first day of arrival. Cleaning and maintenance issues can be reported to rentals@surfsiderealty.com. Cleaning issues must have documented pictures to support the claim. NO REFUNDS are considered unless Agent is given an opportunity to correct the issue.
27. One or more closets and storerooms at the Premises may be locked for Owner’s private storage and is not included in this rental.
28. Guest is responsible for following the rules posted regarding thermostats, elevators, WIFI, refrigerators, or any other appliances. If Guest does not follow rules posted, Guest could be charged up to $1,000.
29. During Guest’s stay, the Navy Core of Engineers, its designee, or any other private company may perform beach re-nourishment work on the beach, and Guest is not subject to a refund if such beach re-nourishments efforts are taking place.
30. Surfside Realty is not responsible for any liability or functionality of elevators.
31. The Guest acknowledges that the Premises may not have a landline telephone.
32. Guest shall not be entitled to any refund, credit, or compensation for any construction or repair work that may be taking place around the Premises during Guest’s stay. As a by-product of such construction or repair work, Guest may encounter loud noises, limited parking, visual obstructions, and inconvenience. Agent shall not be liable for any construction or repair work or any by-product from any construction or repair work that Guest may encounter during his/her stay.
33. Pictures on Agent’s website are taken with a wide angles lens and items may appear larger than they really are.
34. Bed and bedroom specifications are subject to change without notice.
35. Guest understands some properties have security cameras that are displayed in common areas such as the entry way, porches, and/or property perimeter.
36. Only the Guests staying at the condo complex are permitted to be at the community pool area. Guest understands they must act with decorum and civility when at the pool. Any behavior or activities that are outside of what is expected will result in immediate eviction. Pools can close or open at any time. Outdoor community pools are only open seasonally.
37. Agent does not guarantee the functionality of swimming pools, hot tubs, or pool equipment, such as pool heating systems. Should any issue arise during Guest’s stay with the performance of any of these items, Guest agrees to immediately report any and all such issues to Agent. Upon receiving a report of any such problems, Agent will work to correct any problems as soon as possible. Weather permitting; pools are cleaned up to twice per week during Guest’s stay. Rules may differ for shared pool complexes. Pool heat is seasonal (not offered year round), upon request and requires payment of an additional fee.
38. No Campers, RVs, or Motorhomes are permitted to be parked at the Premises. Motorcycles, Trailers, or Golf Carts are not permitted at any condo complexes. Agent will not be held liable for the ability or lack thereof to charge a rental or personal golf cart.
39. Parking will be limited at the Premises. Generally, a Guest will not be able to park more than four (4) cars at a home or more than one (1) car at a condo. Parking or driving on lawns or streets is strictly prohibited and will result in a charge of $500. In the event the Guest receives a citation for a parking violation during their stay, on or off the rental property, Agent will not be held liable.
40. Guest understands that Agent needs written notification 30 days prior to arrival if Guest will be shipping items to the Surfside Realty office location and will have a fee associated with this shipment of up to $100 based on request. Necessary medical equipment is an exception to this fee.
41. Even the best equipment—including, but not limited to, air conditioners, televisions, wireless internet and other types of equipment—occasionally malfunctions and needs repair. Guest agrees that Agent cannot and does not guarantee the performance of all equipment on the Premises at all times during Guest’s stay. Should any issue arise, Guest agrees to immediately report any and all such issues to Agent. Upon receiving a report of any such problems, Agent will work to correct any problems as soon as possible. Guest understands that some thermostats on the Premises may be controlled by the Owner, and Guest may not have the ability to adjust such thermostats.
42. Guest Relocation: In the event Agent or Owner is unable to deliver the Premises to Guest for any reason, Agent will make every attempt to relocate Guest to another property. Alternately, Guest will be entitled to a full refund of all considerations previously tendered by Guest.
43. Equipment Rentals: Guest agrees to sign a separate agreement for any equipment rentals provided by VayKGear or King of Carts. In the case of faulty rental equipment supplied through VayKGear or King of Carts Guest must give Agent immediate notice and opportunity to replace the faulty rental equipment. Guest understands the equipment rental is nonrefundable. Arrival time and availability of products are subject to change without notice. Guest accepts all responsibility for equipment after delivery has been completed and understands that Agent acts on behalf of VayKGear and King of Carts when holding guest financially responsible for lost, damaged, or missing items.
44. Limitation of Damages, Indemnity: In the event of any breach of this Agreement by Agent, Guest expressly acknowledges that in no event shall Agent or Owner be held liable for any consequential or secondary damages, including, but not limited to, any expenses incurred as a result of travel or costs of re-renting. The Guest agrees that the maximum amount of damages he or she may recover for any breach of this Agreement is limited solely to any amounts paid by Guest to Agent. No other damages are recoverable by Guest. The Guest agrees to release and indemnify the Owner and the Agent from and against all liability for injury to the person of the Guest, or to any member of his/her party, resulting from any cause whatsoever. Guest agrees to be responsible for any repairs necessary due to their negligence or intentional acts. Guest understands that Agent will not be responsible for any accidents involving Guest or Guest’s property or for the loss of money, jewelry, or valuables of any kind. Guest agrees this Agreement is made and entered into in Horry County, South Carolina, and by entering into this Agreement, Guest consents to personal jurisdiction in Horry County, South Carolina for any dispute that may arise relating to or arising out of this Agreement in any manner whatsoever. This Agreement shall not be binding unless and until Agent has received one half the gross rent and all checks have cleared the bank. Guest acknowledges that they may not have possession of the Premises until the full rental amount set forth herein has been paid. Guest acknowledges that rental rates are subject to change. If Guest, or any member of their party, violates any of the terms of this Agreement, Agent may terminate this Agreement and enter the Premises and take any and all such actions as may be necessary to enforce compliance with this Agreement and to protect the Owner’s property. Upon notice of termination of this Agreement, Guest shall vacate the Premises immediately and in peaceable fashion.
