Please read this Rental Agreement carefully. It limits our liability, makes you responsible for damage and for the safety of your party, and explains that weather and other events outside our control are not grounds for a refund. You must accept it to book a stay.
1. Who this agreement is between
This Rental Agreement (“Agreement”) is between FB Vacations, together with the owners of the rental property and their managers, employees and agents (together, “we”, “us” or “Owner”), and the person who books the stay (“you” or “Guest”). “Your party” means you and every person you allow at the property, including guests, visitors, children and invited contractors. “Property” means the home you book and everything in it or on its grounds, including furniture, appliances, fixtures, linens, keys, parking areas, and any shared building or community areas.
By checking the boxes and typing your name on the booking form, you confirm that you have read this Agreement and our Guest Policies, that you agree to both on behalf of yourself and your entire party, and that you have authority to do so. The Guest Policies are part of this Agreement.
2. The person booking
- You must be at least 18 years old and legally able to enter into this Agreement.
- You must be part of the party staying at the Property, and you are responsible for your party at all times.
- The number of people staying overnight may not exceed the maximum occupancy shown for the Property.
- You may not sublet, transfer or resell your reservation.
- The information you give us must be true and complete.
3. Your responsibility for your party
You are fully responsible for the actions, conduct and safety of everyone in your party, during the entire stay and anywhere on the Property. You agree that you and your party will use the Property carefully, follow posted rules and building or community rules, obey all laws, and not create any nuisance or danger. Children must be supervised by an adult at all times.
4. Damage and extra costs
- You are responsible for all loss of or damage to the Property caused by you or your party, whether caused on purpose, by accident or by carelessness, beyond normal wear and tear.
- This includes repair or replacement costs, extra cleaning, removal of stains or odors, lost keys or access devices, missing items, pest treatment caused by your party, fines or fees charged to us by a building, community association or local authority because of your party’s conduct, and lost rental income if the Property cannot be rented while it is repaired.
- We may use your security deposit to cover these costs. The security deposit is not a limit on what you owe. If the costs are more than the deposit, you agree to pay the difference promptly when we send you an invoice, along with reasonable collection costs and attorney’s fees if we have to take action to collect.
- Please report any damage, missing items or problems you find on arrival as soon as possible on the day you check in, so we do not hold you responsible for them.
5. Assumption of risk
You understand that a vacation stay involves risks, and that some risks cannot be removed even with reasonable care. These include, for example, slips, trips and falls; stairs, steps, balconies, decks, docks and railings; wet, uneven or icy surfaces; pools, hot tubs, the ocean, beaches, creeks, rivers and other bodies of water (there is no lifeguard); kitchen appliances, grills, fireplaces and fire pits; furniture and fitness or recreational equipment; insects, animals and wildlife; food and allergies; and the activities you and your party choose to take part in, including the use of alcohol.
You and your party voluntarily accept all of these risks, known and unknown, for yourselves. You agree to inspect any area or item before using it, use it carefully and at your own risk, and stop using anything that seems unsafe and tell us right away.
6. Release of liability
To the fullest extent permitted by law, you, for yourself, your party, and your and their heirs and representatives, release and agree not to sue FB Vacations, the owners of the Property, and their managers, employees, agents and insurers for any injury, illness, death, loss or damage to person or property that happens during or in connection with your stay, including claims based on ordinary negligence. This release does not apply to anything the law does not allow to be released, such as gross negligence or intentional misconduct.
7. Indemnity
You agree to defend, indemnify and hold harmless FB Vacations, the owners of the Property, and their managers, employees and agents from any claim, demand, loss, fine, cost or expense (including reasonable attorney’s fees) brought by anyone, including members of your party, that arises from the acts or omissions of you or your party, or from a breach of this Agreement.
8. Weather, hurricanes and events outside our control
We are not responsible for, and will not give refunds, credits or discounts because of, events outside our control. These include weather of any kind (rain, cold, heat, wind, snow or ice), storms, tropical storms and hurricanes, flooding, high water, fire or smoke, earthquakes, closures or evacuations (voluntary or mandatory), road, bridge or beach closures, traffic, travel or flight problems, illness, epidemics, government orders, strikes, and acts of God.
This also applies to things such as power, water, gas, internet, TV or other utility interruptions; appliance, heating or air-conditioning breakdowns; pool, elevator, amenity or common-area closures; construction or noise nearby; and conditions in the surrounding area. We will make reasonable efforts to fix problems at the Property that are within our control once you tell us about them. Our normal cancellation policy in the Guest Policies still applies; nothing in this section gives you an additional right to cancel or to get money back.
We strongly recommend travel insurance that covers weather, hurricanes, evacuation, illness and trip interruption. It is your responsibility to buy it.
9. No refunds for early departure or rule violations
- There are no refunds for late arrival, early departure, or unused nights.
- We may end your stay immediately, without a refund, if you or your party break this Agreement or the Guest Policies, exceed the maximum occupancy, cause a disturbance, damage the Property, or act illegally or dangerously. You must leave when asked.
- If we have to cancel or cannot provide the Property for a reason within or outside our control (for example serious damage to the home), our only responsibility is to refund the amount you paid us for the affected nights.
10. Your belongings and vehicles
We are not responsible for the loss, theft of or damage to any personal belongings, money, valuables or vehicles of you or your party, including items left behind after check-out. Parking is at your own risk.
11. Access to the Property
We, or people we authorize, may enter the Property during your stay for emergencies, to make repairs you asked for or that cannot wait, or to check on a suspected breach of this Agreement. Except in an emergency, we will try to let you know first.
12. Limit on our liability
To the fullest extent permitted by law, our total liability to you and your party for any claim related to your stay is limited to the total rent you paid for the stay, and we are not liable for any indirect, incidental, special or consequential losses, such as lost travel costs or lost enjoyment.
13. General terms
- Governing law: This Agreement is governed by the laws of the state (or the District of Columbia) where the Property is located. Any dispute will be brought in the courts serving that location.
- If part of this Agreement can’t be enforced, that part will be limited only as much as needed, and the rest stays in full effect.
- Whole agreement: This Agreement, the Guest Policies and your booking confirmation are the entire agreement about your stay. Only a written change from us can modify them. If we don’t enforce a term right away, we can still enforce it later.
- Electronic signature: You agree that checking the boxes and typing your name on the booking form is your electronic signature, and it is just as binding as signing on paper. We keep a record of the version you accepted, the date and time, and the details you submitted.
- Changes: We may update this Agreement for future bookings. The version you accepted when you booked applies to your stay.