Guest Confirmation Agreement
(Terms and Conditions)

In consideration of the monies received and the mutual promises contained herein, the owner {Owner} of the subject property {The Property} through Homing Bird Rental (as agent to the Owner) hereby agrees to give a license to use the Property to the undersigned, (herein referred to as Licensee), on the property and dates described in the confirmation letter and under the conditions stated herein.

1. Check-In: Begins at 4:00 PM and ends at 8:00 PM on the arrival date at your booked property. For arrivals outside these hours contact your concierge at least 72 hours prior to arrival so alternate arrangements can be made.

2. Checkout Time: Checkout is no later than 11:00 AM on the departure date.

3. Damage Deposit: Homing Bird requires a "Damage Deposit" along with the payment of your stay. The Damage Deposit is payable immediately at same time it is payed for the reservation and will be returned 7 business days after your departure.

4. Notification: Most Properties are not equipped for the elderly or handicapped. Licensee assumes the entire risk of injuries arising from use of the Property. 5. Occupancy: The maximum number of occupants allowed in the Property is shown on your confirmation letter. Children over the age of 2 are counted. Overcrowding or misrepresentation is grounds for immediate revocation of the license to the Property, and removal of Licensee without refund. The Licensee is the person who will occupy the Property. Parents may not book Properties for their children. The Licensee must be present at the Property for the time of the reservation, and take full responsibility for the Property. Small children are the responsibility of the Licensee. Children should not roam free on balconies; climb on furniture; hang out of windows; or engage in other unsupervised activities. Some units are not fit for children under certain ages due to expensive and/or delicate furnishings and balconies with wide openings on the guard rail. Use is at your own risk. Licensee takes full responsibility for all lost or broken items, and any damages to the Property of any kind.

6. Restrictions on Property Use: Licensees are prohibited from engaging in any unlawful activity or any other activity that constitutes a nuisance. Violation of this provision will result in immediate eviction without refund, and licensee will be held liable for any damages to the Property, contents and grounds. Contractual Agreement with Owner requires Homing Bird to only rent to legally and financially responsible persons over the age of 25. No parties are permitted in any property managed by Homing Bird. Violators will be removed from the Property immediately, and prosecuted for damages and losses.

7. Pets: No Pets are allowed on the property at any time without the prior written consent of Homing Bird. Violation of the "no pets" stipulation is grounds for immediate removal without refund.

8. Smoking Prohibited: All properties are nonsmoking properties and any form of smoking is prohibited inside the properties.

9. Personal Property Loss: Licensees are solely responsible for personal property left in or about the Property. Homing bird shall not be held liable under any circumstances for any damages to, or loss of property, theft, vandalism, or the use of or injury of any kind.

10. Cancelations and Changes in Reservations: Cancelations must be made 60 or more days prior to scheduled arrival in writing to receive refund of your payment. If a reservation is canceled between 30 and 59 days prior to your scheduled arrival, you will receive a 50% refund of your payment. With less than 30 days' notice you will forfeit the full amount of the reservation unless the Property is re-rented for the entire length of the stay at full price. If you are a "no-show," you will forfeit the full amount of the reservation. We do not give credit for early departures or for inclement weather. If a change in reservation is requested, Homing Bird will make reasonable effort to accommodate the change.

11. Property Use: The Property may not be used for any activity in violation of local, state or federal laws.

12. Attorney's Fees: If Homing Bird and/or Owner consults legal counsel or a professional collection service, for collecting any amounts due to Homing Bird and/or Owner under this Agreement. Licensee shall be responsible for all costs of litigation and/or collection in case of such, including actual attorney's fees.

13. Limitations on Rental: Licensee and Homing Bird agree that in case of double booking or occupancy by Owner, Licensee will be ONLY entitled to a full refund of all monies previously tendered by Licensee. If Homing Bird is able to relocate Licensee, Licensee agrees to pay the difference in rental amount, should Licensee accept alternate accommodations. Licensee expressly acknowledges that in no event will Homing Bird be held liable for any other condition out of the control of Homing Bird or the Owner, or for any incidental or consequential damages, including but not limited to, expenses that result from moving or for any other losses.

14. Tenancy: The Licensee acknowledges that this is NOT a tenancy for the Property. The Property is not rented for more than 30 days, and is taxed and treated as a transient occupancy, akin to hotel accommodations. Property laws do not apply to the license granted herein, and the Licensee may be removed as a trespasser immediately upon termination of this license. The Property is rented on regular short term periods, and for a significantly higher rate than a non-vacation rental. Often a licensee is scheduled to begin a vacation in the Property on the same day as the check-out day of another prior licensee. If Licensee stays even one additional day, Homing Bird would face significant logistical problems with the next licensee, including possible liability. As such, Licensee agrees to vacate immediately on the check-out day, at 11:00 a.m. Failure to do so will entitle Homing Bird, in addition to all other remedies available to it, to: have Licensee ejected by law enforcement as trespasser; and to physically remove Licensee and all of Licensee's possessions from the Property, for which Licensee hereby grants permission and consent; and obtain damages and injunctive relief against Licensee.

15. Indemnification: Licensee agrees to release Homing Bird and Owner from and against all liability should anyone be injured upon the premises during the term of occupancy, resulting from any cause whatsoever, except in the case of personal injury caused by willful gross negligence on the part of the Owner or Homing Bird.

16. Construction: Homing Bird may not be held responsible for failure to disclose information regarding construction outside the property boundaries.

17. Effective Date: Not withstanding anything to the contrary, this Occupancy Agreement is binding and effective when no signature is required, and Licensee's affirmative assent to the terms is expressed by Licensee's reservation of the unit.

18. Attorney's Fees: In the event of any action or proceeding commenced by any party, the prevailing party in such action or proceeding shall be entitled to recover from the other party all cost and expenses thereof, including actual attorney's fees and cost.

19. Entire Agreement: This Agreement sets forth the entire understanding of the parties and supersedes all prior agreements or understandings, whether written or oral, with respect to the subject matter hereof. No amendment or modification hereto shall be binding unless made in writing and signed by the parties hereto.

20. Waiver: The waiver by either party hereto of a breach of any term or provision of this Agreement shall not operate or be construed as a waiver of a subsequent breach of same provision by any party or of the breach of any other term or provisions of this Agreement.

Thank you,

Homing Bird Vacation Rental