Please be sure to read this rental agreement (the “Agreement”) in its entirety, as well as our website www.dreamlinesuites.com. The rental property you have selected (the “Property”) may have additional rules, policies, terms and conditions that apply to your stay, which are found in the description section(s) of the Property listing. If you are booking your Property through a website other than the Dreamline Suites site, your reservation may also be subject to that website’s terms and conditions. Among others, this Agreement contains the following important terms:
• Any payments you make may be non-refundable depending on the proximity to your rental date at the time of cancellation. Please read the cancellation policy carefully before booking and consider purchasing travel insurance (Section 2).
• You are releasing Dreamline Suites and the homeowner from certain types of liability and agreeing to assume certain risks on behalf of yourself and each individual present during the stay (Sections 12 & 13); you are aware that traveling may increase your risk of contracting COVID-19.
• This Agreement requires claims to be resolved through Arbitration (Section 17).
• This Agreement contains a Jury Trial waiver and a Class action waiver (Section 19).
You are acknowledging and agreeing to each term included in this Rental Agreement, which specifically includes each of the above-described terms and conditions, as well as any applicable rules, policies, terms or conditions specific to your selected property:
This Agreement is between Dreamline Suites, Inc. (“Dreamline”) and the individual completing this booking transaction for the Property (“you” or “Guest”). Dreamline represents the owner of the Property (your “Host”). Dreamline provides the Property subject to the terms of this Agreement. You agree that you will be present at the Property for the entire duration of the reservation and that you will be responsible for the actions and behavior of each individual present at the Property during your stay. This includes ensuring everyone in your party or otherwise present at the Property (each an “occupant”) is aware of and in compliance with the terms identified in this Agreement. If you are bringing a minor as an occupant, you acknowledge and agree that you are solely responsible for the supervision of that minor throughout the duration of your stay and agree to the terms of this Agreement on each minor’s behalf.
The total amount due, including the base rates, taxes, and fees are displayed on the checkout webpage for the Property. A portion of your total payment may be due upon checkout, as indicated in the “due at the time of reservation” line. The balance is due prior to arrival within the schedule indicated on the reservation webpage. Please review these amounts carefully. You may cancel your booking at any time, however, all amounts that have been paid prior to your cancellation will be non-refundable unless specifically indicated otherwise at checkout. Please review the specific cancellation and refund terms in the listing you are reserving prior to checkout and consider the purchase of a separate travel insurance policy. I authorize Dreamline Suites to charge the credit card provided according to the terms of the rental. I certify that I am an authorized user of this credit card and that I will not dispute the payment with my credit card company; so long as the transaction corresponds to the terms indicated on the checkout page.
The Property may have specific rules and policies regarding pets, smoking/vaping, quiet hours, parking, pool and/or hot tub usage, and other local, HOA, or property regulations. These rules are detailed in the description section of the Property listing and are incorporated into this Agreement. Please review these terms carefully, as violation(s) may result in additional fees or the immediate removal of you and other members of your party from the Property without refund. Further, violation of any law or ordinance by any individual at the Property during your reservation will result in the immediate removal of you and other members of your party from the Property without refund.
Once your booking has been paid in full, you will receive contact information for the primary contact for your stay (your “Guest Contact”). Check-in and check-out times will be communicated to you prior to your arrival, unless otherwise set forth in the description of the Property. Please confirm your expected arrival time with your Guest Contact. If you or any member of your group fails to vacate the Property at the designated check-out time, you grant Dreamline the right to charge the credit card number used to book the Property for an additional night at the nightly base rate without discount. Further, Dreamline, the Host or the Guest Contact may initiate any and all proceedings necessary to remove you, your occupants, or your belongings from the Property.
In lieu of a security deposit Dreamline may charge a fee for an accidental rental damage waiver. Any damage to the Property must be reported to Dreamline and the Guest Contact before check-out. You agree damage not covered by, or exceeding the limit of, the accidental rental damage waiver is your full responsibility. This may include damage or loss occurring during your stay, violations of house rules or policies, additional cleaning fees, and/or any fines or other costs incurred by the behavior of you or any other occupant during your stay in violation of laws or other regulations. You grant Dreamline the right to charge the credit card number used to book the Property for any such damages, including, but not limited to, additional cleaning fees. To ensure that the proper party is held responsible, please notify your Guest Contact of any damage found at check-in.
All mandatory and optional booking-related fees will be disclosed in the Property listing. If you fail to select any option(s) that incur additional fees applicable to your stay (e.g., pet fees, pool heating fees, etc.) and it is later discovered that you should have paid for such option(s), you grant Dreamline the right to charge the credit card number used to book the Property for the associated additional fees.
a) The maximum number of people that may occupy the Property is indicated in the listing description. For clarification, this number applies to all overnight guests, day visitors and children. Unless otherwise approved by Dreamline in writing, occupancy over the indicated capacity may result in the immediate removal of you and other members of your party from the Property and forfeiture of all amounts paid.
b) Parties and large gatherings are not permitted at the Property under any circumstances. Conduct of unauthorized parties or gatherings may result in your removal from the property without refund and Dreamline may contact local law enforcement when appropriate. You agree to respect the Property, neighbors, the surrounding community and to follow all applicable laws, regulations, ordinances and rules, including noise ordinances. You agree to conduct yourself in a manner that does not disrupt neighbors or community members.
Your Host cares very much about their Property and strives to keep it in excellent shape. If you notice any problems, hazardous conditions, housekeeping issues, or maintenance issues, please notify your Guest Contact immediately. If the Property is not in the condition represented in the rental listing, Dreamline may, in its sole discretion, offer an appeasement; provided, however, that in no event will such an appeasement exceed the amount you paid for the reservation. You hereby acknowledge that if the Property has access to shared amenities, the repair and maintenance of such shared amenities is not within Dreamline’s or Host’s responsibility or control.
You agree to allow your Host, Guest Contact, and/or their agents reasonable access to the Property during your stay if requested. Such access may be necessary to resolve maintenance related issues you report. In the event of an emergency, the Property may be accessed without prior notice or permission.
You are expected to treat the Property with respect, keeping in mind that this is an individual’s home, not a hotel room. You are expected to leave the Property in a clean, neat, and orderly condition and respect the Host’s requests regarding check-out procedures.
a) UNFORESEEN CIRCUMSTANCES/FORCE MAJEURE. All funds paid to Dreamline are non-refundable unless stated otherwise (Section 2) and no refunds will be due in the event your stay at the Property becomes impossible for a reason outside Dreamline’s or Host’s control, including natural disasters, fire, epidemic, pandemic, federal, state, or local quarantine, civil commotion, changes in laws or regulations, evacuation orders, or other acts of government agencies. However, in such circumstances, Dreamline may choose, in its sole discretion and as your sole remedy, to issue a travel credit of the amounts paid to Dreamline as an act of goodwill. Any travel credits issued by Dreamline will be subject to the terms set forth at issuance, including terms regarding expiration date and non-transferability. For purposes of clarification, inclement, unfavorable, or even severe weather is not considered a force majeure event under this provision and no refund or credit is due (or will be made) to you.
b) CANCELLATIONS BY DREAMLINE & SUBSTITUTION OF PROPERTY. In the event that Dreamline or your Host cancels your booking for reasons other than those described in the Force Majeure section above, you will be notified as quickly as possible. In such cases, Dreamline, in its sole discretion, may provide the option to substitute a comparable property selected by Dreamline or refund 100% of any amounts paid to Dreamline. If you accept the substitute property, all rules, policies, terms and conditions specified in the description section for the substituted property shall apply, even if they differ from your original reservation. Dreamline highly recommends that you purchase Travel Insurance to protect against certain types of cancellations, among other risks. Other than providing a refund in its sole discretion, Dreamline is not responsible or liable for cancellations or any costs associated with cancellations.
You agree to indemnify and hold harmless your Host and Dreamline, for any liabilities, claims, damages, injuries, costs or expenses whatsoever arising from or related to your use and/or occupancy of the Property, including, but not limited to, any claim or liability for personal injury, damage, or loss of any kind resulting from your actions or omissions, and the actions or omissions of other occupants, during or relating to your stay.
You and anyone using the Property during your stay accepts and assumes all risks involved in or related to the use of the Property and surrounding property, the pool, hot tub, or any other body of water (including but not limited to a lake or an ocean at or adjacent to the Property), any water-related activities, features on the property, activities participated in during your stay on or off the property, amenities provided at the property, or third-party transportation vendors, as applicable, whether or not disclosed in the listing. You understand that travelling and staying in a Property may increase the likelihood of contracting an infectious disease, such as COVID-19, and you voluntarily assume that risk. You further accept and assume all risks involved in or related to any recreational equipment of any kind, including but not limited to beach or pool equipment, golf cart, bicycles, docks, boats, paddleboards or other floating devices, game or sports equipment, as applicable. You are responsible for determining your fitness for participating in any features or activities during your stay and your ability to fully understand and comply with any directions, warnings, laws, or regulations presented. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, YOU KNOWINGLY, VOLUNTARILY AND FREELY ASSUME ALL RISKS, BOTH KNOWN AND UNKNOWN, OF THE ABOVE DESCRIBED ACTIVITIES, AND YOU ASSUME FULL RESPONSIBILITY FOR PARTICIPATION IN ANY SUCH ACTIVITIES.
If Dreamline or your Host employs the services of an attorney or attorneys to enforce any terms or conditions of this Agreement, you shall be liable to Dreamline or your Host, as applicable, for reasonable attorney’s fees and costs incurred.
If your booking was made under false pretense, including, but not limited to, a falsified name, age or size of party, you will be subject to immediate cancellation of your reservation, removal from the property, and forfeiture of all amounts paid.
It is expressly understood and agreed that this is a short-term, transient Property and is not a lease or other long-term residential tenancy agreement, and that the Property is not intended to be utilized as a primary residence. This Agreement is only for the licensed use of the Property for the stated reservation dates. It creates no property rights in you and no rights to renewal or for recurring usage. If you hold over after the expiration of your reservation dates, your extended stay, if authorized, will be from day-to-day only and will not constitute a renewal or an extension for any further term. In such case, you will be liable for paying for the additional day(s) at a rate equal to two (2) times the nightly rate set for the property on the dates of your holdover, plus the actual costs of re-accommodating future tenants that were scheduled to use the Property during such dates. You may not sublet the Property or any part of it and shall not assign any interest (in whole or in part) to this Agreement or any rights hereunder.
If you have a dispute that arises from or relates to this Agreement or the Property, and if the dispute cannot be settled through direct discussions, you agree to submit all unresolved disputes, controversies or claims to binding arbitration in Alabama administrated by the American Arbitration Association in accordance with its Commercial Arbitration Rules, to be conducted in Montgomery, Alabama or virtually, if consented to by all parties. ANY AWARD OF THE ARBITRATOR AGAINST DREAMLINE CANNOT EXCEED THE TOTAL AMOUNT PAID FOR THE GUEST’S BOOKING AT ISSUE. YOU EXPRESSLY WAIVE ALL CLAIMS IN EXCESS OF, AND AGREE THAT YOUR RECOVERY SHALL NOT EXCEED, THIS AMOUNT. Any such award shall be in satisfaction of all claims by you against Dreamline or the Host. Judgment on any award rendered in such arbitration can be entered in and enforced by any court having jurisdiction.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT WILL YOUR HOST, DREAMLINE, OR THEIR AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND/OR OWNERS, BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, OR PUNITIVE DAMAGES ARISING OUT OF OR IN CONNECTION WITH YOUR STAY AT THE PROPERTY. THIS LIMITATION APPLIES TO ALL CLAIMS FOR DAMAGES WHETHER BASED ON A THEORY OF WARRANTY, CONTRACT, TORT (INCLUDING ORDINARY NEGLIGENCE), STRICT LIABILITY, OR ANY OTHER CAUSE OF ACTION, EVEN IF DREAMLINE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND EVEN IF THE LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
ANY AND ALL PROCEEDINGS TO RESOLVE CLAIMS WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED OR REPRESENTATIVE ACTION. IF FOR ANY REASON A CLAIM PROCEEDS IN COURT RATHER THAN IN ARBITRATION, THE PARTIES EACH WAIVE ANY RIGHT TO A JURY TRIAL.
This Agreement is made in, and shall be governed solely by the laws of, the State of Alabama without regard to conflict of laws principles. If for any reason a claim proceeds in court rather than arbitration, such action may only be brought in the state or federal courts in Montgomery, Alabama, and each party hereby submits to the exclusive jurisdiction of those courts for the purposes of any such proceeding.
If any section, clause, paragraph, or term of the Rental Agreement is held or determined to be void, invalid, or unenforceable for any reason, all other terms, clauses, or paragraphs herein shall be severed and remain in force and effect. This Agreement shall be binding on and inure to the benefit of the parties hereto and on each of their heirs, executors, administrators, successors, and assignees. This Agreement or any rights hereunder may not be assigned (in whole or in part) by you. This Agreement is taken in full compliance with federal, state, and local Fair Housing Laws, without regard to race, color, religion, sex, country of origin, handicap, or familial status. This Agreement becomes binding upon receipt of your initial payment. Sending payment constitutes your acceptance and agreement to these terms, conditions, limitations, and restrictions.
If You have purchased a Waivo™ Security Deposit Waiver, then the following terms and
conditions are now part of Your vacation rental property lease agreement.
1) AGREEMENT
i) On behalf of Dreamline Suites, Inc. the party authorized to rent the vacation rental property and the owner of the vacation rental property, Waivo has assumed the responsibility for damages as outlined below and waives Your security deposit up to $1,500.00, the waiver limit purchased by You, the renter, for your stay at the vacation rental property.
ii) Waivo is hereby responsible for theft or direct damage to real or personal property of the vacation rental property as a result of Your acts or omissions. Waivo will pay the lesser of the cost of repairs or the cost to replace the property up to $1,500.00. This waiver does not negate your responsibilities as a renter for items outside of Waivo’s responsibilities.
iii) This is not an agreement to provide insurance. You are buying a waiver of the security deposit otherwise due as part of Your vacation rental property lease agreement.
2) EXCLUSIONS
i) This Security Deposit Waiver will not pay for damages or theft resulting from:
(1) Acts of god
(2) Prior damage, cosmetic damage, or normal wear and tear
(3) Theft without a valid police report if over $250
(4) Loss of use of the vacation rental property
(5) Rodent, termite, infestation, or wild animal
(6) Damage to a motorized vehicle
(7) Fine art, collectibles, or sets of items
ii) This Waiver will not pay for damage or theft of property owned by You.
iii) This Waiver will not pay for costs associated with odor, debris removal, backups of sewers and drains, landscaping, marring, maintenance, or mechanical breakdown.
3) CONDITIONS
i) Waivo has the sole authority to determine the nature and extent of damages, necessary repairs, and eligibility for the waiver, and shall exercise that authority in a reasonable manner.
ii) Waivo reserves the right to determine if damage is eligible for reimbursement at actual cash value.
iii) This Waiver will pay for excessive cleaning, as a direct result of damage, over and above the normal cleaning fee. An irreparable stain or spillage is considered damage.
iv) This Waiver is only effective for a one-time single continuous stay, of up to 90 days, for which You purchased the Waiver. It takes effect when You occupy the vacation rental property and terminates when You depart the same vacation rental property.
v) This Waiver is only effective if any theft or damage is reported to Waivo by You, the property manager, the online travel agent or the owner of the vacation rental property within 14 days of Your departure from the vacation rental property.
vi) Waivo will not respond to damage or theft under $50 US dollars.
vii) If there is a dispute related to these terms, mediation is required before any party may file litigation. In the event of litigation, all parties waive the right to a jury trial.
4) DEFINITIONS
“You”, or “Your”, is the renter of the vacation rental property and includes the renter’s spouse, children and any other person the renter invited on to the vacation rental property during your stay at the vacation rental property.
Please be sure to read this rental agreement (the “Agreement”) in its entirety, as well as our website www.dreamlinesuites.com. The rental property you have selected (the “Property”) may have additional rules, policies, terms and conditions that apply to your stay, which are found in the description section(s) of the Property listing. If you are booking your Property through a website other than the Dreamline Suites site, your reservation may also be subject to that website’s terms and conditions. Among others, this Agreement contains the following important terms:
• Any payments you make may be non-refundable depending on the proximity to your rental date at the time of cancellation. Please read the cancellation policy carefully before booking and consider purchasing travel insurance (Section 2).
• You are releasing Dreamline Suites and the homeowner from certain types of liability and agreeing to assume certain risks on behalf of yourself and each individual present during the stay (Sections 12 & 13); you are aware that traveling may increase your risk of contracting COVID-19.
• This Agreement requires claims to be resolved through Arbitration (Section 17).
• This Agreement contains a Jury Trial waiver and a Class action waiver (Section 19).
You are acknowledging and agreeing to each term included in this Rental Agreement, which specifically includes each of the above-described terms and conditions, as well as any applicable rules, policies, terms or conditions specific to your selected property:
This Agreement is between Dreamline Suites, Inc. (“Dreamline”) and the individual completing this booking transaction for the Property (“you” or “Guest”). Dreamline represents the owner of the Property (your “Host”). Dreamline provides the Property subject to the terms of this Agreement. You agree that you will be present at the Property for the entire duration of the reservation and that you will be responsible for the actions and behavior of each individual present at the Property during your stay. This includes ensuring everyone in your party or otherwise present at the Property (each an “occupant”) is aware of and in compliance with the terms identified in this Agreement. If you are bringing a minor as an occupant, you acknowledge and agree that you are solely responsible for the supervision of that minor throughout the duration of your stay and agree to the terms of this Agreement on each minor’s behalf.
The total amount due, including the base rates, taxes, and fees are displayed on the checkout webpage for the Property. A portion of your total payment may be due upon checkout, as indicated in the “due at the time of reservation” line. The balance is due prior to arrival within the schedule indicated on the reservation webpage. Please review these amounts carefully. You may cancel your booking at any time, however, all amounts that have been paid prior to your cancellation will be non-refundable unless specifically indicated otherwise at checkout. Please review the specific cancellation and refund terms in the listing you are reserving prior to checkout and consider the purchase of a separate travel insurance policy. I authorize Dreamline Suites to charge the credit card provided according to the terms of the rental. I certify that I am an authorized user of this credit card and that I will not dispute the payment with my credit card company; so long as the transaction corresponds to the terms indicated on the checkout page.
The Property may have specific rules and policies regarding pets, smoking/vaping, quiet hours, parking, pool and/or hot tub usage, and other local, HOA, or property regulations. These rules are detailed in the description section of the Property listing and are incorporated into this Agreement. Please review these terms carefully, as violation(s) may result in additional fees or the immediate removal of you and other members of your party from the Property without refund. Further, violation of any law or ordinance by any individual at the Property during your reservation will result in the immediate removal of you and other members of your party from the Property without refund.
Once your booking has been paid in full, you will receive contact information for the primary contact for your stay (your “Guest Contact”). Check-in and check-out times will be communicated to you prior to your arrival, unless otherwise set forth in the description of the Property. Please confirm your expected arrival time with your Guest Contact. If you or any member of your group fails to vacate the Property at the designated check-out time, you grant Dreamline the right to charge the credit card number used to book the Property for an additional night at the nightly base rate without discount. Further, Dreamline, the Host or the Guest Contact may initiate any and all proceedings necessary to remove you, your occupants, or your belongings from the Property.
In lieu of a security deposit Dreamline may charge a fee for an accidental rental damage waiver. Any damage to the Property must be reported to Dreamline and the Guest Contact before check-out. You agree damage not covered by, or exceeding the limit of, the accidental rental damage waiver is your full responsibility. This may include damage or loss occurring during your stay, violations of house rules or policies, additional cleaning fees, and/or any fines or other costs incurred by the behavior of you or any other occupant during your stay in violation of laws or other regulations. You grant Dreamline the right to charge the credit card number used to book the Property for any such damages, including, but not limited to, additional cleaning fees. To ensure that the proper party is held responsible, please notify your Guest Contact of any damage found at check-in.
All mandatory and optional booking-related fees will be disclosed in the Property listing. If you fail to select any option(s) that incur additional fees applicable to your stay (e.g., pet fees, pool heating fees, etc.) and it is later discovered that you should have paid for such option(s), you grant Dreamline the right to charge the credit card number used to book the Property for the associated additional fees.
a) The maximum number of people that may occupy the Property is indicated in the listing description. For clarification, this number applies to all overnight guests, day visitors and children. Unless otherwise approved by Dreamline in writing, occupancy over the indicated capacity may result in the immediate removal of you and other members of your party from the Property and forfeiture of all amounts paid.
b) Parties and large gatherings are not permitted at the Property under any circumstances. Conduct of unauthorized parties or gatherings may result in your removal from the property without refund and Dreamline may contact local law enforcement when appropriate. You agree to respect the Property, neighbors, the surrounding community and to follow all applicable laws, regulations, ordinances and rules, including noise ordinances. You agree to conduct yourself in a manner that does not disrupt neighbors or community members.
Your Host cares very much about their Property and strives to keep it in excellent shape. If you notice any problems, hazardous conditions, housekeeping issues, or maintenance issues, please notify your Guest Contact immediately. If the Property is not in the condition represented in the rental listing, Dreamline may, in its sole discretion, offer an appeasement; provided, however, that in no event will such an appeasement exceed the amount you paid for the reservation. You hereby acknowledge that if the Property has access to shared amenities, the repair and maintenance of such shared amenities is not within Dreamline’s or Host’s responsibility or control.
You agree to allow your Host, Guest Contact, and/or their agents reasonable access to the Property during your stay if requested. Such access may be necessary to resolve maintenance related issues you report. In the event of an emergency, the Property may be accessed without prior notice or permission.
You are expected to treat the Property with respect, keeping in mind that this is an individual’s home, not a hotel room. You are expected to leave the Property in a clean, neat, and orderly condition and respect the Host’s requests regarding check-out procedures.
a) UNFORESEEN CIRCUMSTANCES/FORCE MAJEURE. All funds paid to Dreamline are non-refundable unless stated otherwise (Section 2) and no refunds will be due in the event your stay at the Property becomes impossible for a reason outside Dreamline’s or Host’s control, including natural disasters, fire, epidemic, pandemic, federal, state, or local quarantine, civil commotion, changes in laws or regulations, evacuation orders, or other acts of government agencies. However, in such circumstances, Dreamline may choose, in its sole discretion and as your sole remedy, to issue a travel credit of the amounts paid to Dreamline as an act of goodwill. Any travel credits issued by Dreamline will be subject to the terms set forth at issuance, including terms regarding expiration date and non-transferability. For purposes of clarification, inclement, unfavorable, or even severe weather is not considered a force majeure event under this provision and no refund or credit is due (or will be made) to you.
b) CANCELLATIONS BY DREAMLINE & SUBSTITUTION OF PROPERTY. In the event that Dreamline or your Host cancels your booking for reasons other than those described in the Force Majeure section above, you will be notified as quickly as possible. In such cases, Dreamline, in its sole discretion, may provide the option to substitute a comparable property selected by Dreamline or refund 100% of any amounts paid to Dreamline. If you accept the substitute property, all rules, policies, terms and conditions specified in the description section for the substituted property shall apply, even if they differ from your original reservation. Dreamline highly recommends that you purchase Travel Insurance to protect against certain types of cancellations, among other risks. Other than providing a refund in its sole discretion, Dreamline is not responsible or liable for cancellations or any costs associated with cancellations.
You agree to indemnify and hold harmless your Host and Dreamline, for any liabilities, claims, damages, injuries, costs or expenses whatsoever arising from or related to your use and/or occupancy of the Property, including, but not limited to, any claim or liability for personal injury, damage, or loss of any kind resulting from your actions or omissions, and the actions or omissions of other occupants, during or relating to your stay.
You and anyone using the Property during your stay accepts and assumes all risks involved in or related to the use of the Property and surrounding property, the pool, hot tub, or any other body of water (including but not limited to a lake or an ocean at or adjacent to the Property), any water-related activities, features on the property, activities participated in during your stay on or off the property, amenities provided at the property, or third-party transportation vendors, as applicable, whether or not disclosed in the listing. You understand that travelling and staying in a Property may increase the likelihood of contracting an infectious disease, such as COVID-19, and you voluntarily assume that risk. You further accept and assume all risks involved in or related to any recreational equipment of any kind, including but not limited to beach or pool equipment, golf cart, bicycles, docks, boats, paddleboards or other floating devices, game or sports equipment, as applicable. You are responsible for determining your fitness for participating in any features or activities during your stay and your ability to fully understand and comply with any directions, warnings, laws, or regulations presented. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, YOU KNOWINGLY, VOLUNTARILY AND FREELY ASSUME ALL RISKS, BOTH KNOWN AND UNKNOWN, OF THE ABOVE DESCRIBED ACTIVITIES, AND YOU ASSUME FULL RESPONSIBILITY FOR PARTICIPATION IN ANY SUCH ACTIVITIES.
If Dreamline or your Host employs the services of an attorney or attorneys to enforce any terms or conditions of this Agreement, you shall be liable to Dreamline or your Host, as applicable, for reasonable attorney’s fees and costs incurred.
If your booking was made under false pretense, including, but not limited to, a falsified name, age or size of party, you will be subject to immediate cancellation of your reservation, removal from the property, and forfeiture of all amounts paid.
It is expressly understood and agreed that this is a short-term, transient Property and is not a lease or other long-term residential tenancy agreement, and that the Property is not intended to be utilized as a primary residence. This Agreement is only for the licensed use of the Property for the stated reservation dates. It creates no property rights in you and no rights to renewal or for recurring usage. If you hold over after the expiration of your reservation dates, your extended stay, if authorized, will be from day-to-day only and will not constitute a renewal or an extension for any further term. In such case, you will be liable for paying for the additional day(s) at a rate equal to two (2) times the nightly rate set for the property on the dates of your holdover, plus the actual costs of re-accommodating future tenants that were scheduled to use the Property during such dates. You may not sublet the Property or any part of it and shall not assign any interest (in whole or in part) to this Agreement or any rights hereunder.
If you have a dispute that arises from or relates to this Agreement or the Property, and if the dispute cannot be settled through direct discussions, you agree to submit all unresolved disputes, controversies or claims to binding arbitration in Alabama administrated by the American Arbitration Association in accordance with its Commercial Arbitration Rules, to be conducted in Montgomery, Alabama or virtually, if consented to by all parties. ANY AWARD OF THE ARBITRATOR AGAINST DREAMLINE CANNOT EXCEED THE TOTAL AMOUNT PAID FOR THE GUEST’S BOOKING AT ISSUE. YOU EXPRESSLY WAIVE ALL CLAIMS IN EXCESS OF, AND AGREE THAT YOUR RECOVERY SHALL NOT EXCEED, THIS AMOUNT. Any such award shall be in satisfaction of all claims by you against Dreamline or the Host. Judgment on any award rendered in such arbitration can be entered in and enforced by any court having jurisdiction.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT WILL YOUR HOST, DREAMLINE, OR THEIR AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND/OR OWNERS, BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, OR PUNITIVE DAMAGES ARISING OUT OF OR IN CONNECTION WITH YOUR STAY AT THE PROPERTY. THIS LIMITATION APPLIES TO ALL CLAIMS FOR DAMAGES WHETHER BASED ON A THEORY OF WARRANTY, CONTRACT, TORT (INCLUDING ORDINARY NEGLIGENCE), STRICT LIABILITY, OR ANY OTHER CAUSE OF ACTION, EVEN IF DREAMLINE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND EVEN IF THE LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
ANY AND ALL PROCEEDINGS TO RESOLVE CLAIMS WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED OR REPRESENTATIVE ACTION. IF FOR ANY REASON A CLAIM PROCEEDS IN COURT RATHER THAN IN ARBITRATION, THE PARTIES EACH WAIVE ANY RIGHT TO A JURY TRIAL.
This Agreement is made in, and shall be governed solely by the laws of, the State of Alabama without regard to conflict of laws principles. If for any reason a claim proceeds in court rather than arbitration, such action may only be brought in the state or federal courts in Montgomery, Alabama, and each party hereby submits to the exclusive jurisdiction of those courts for the purposes of any such proceeding.
If any section, clause, paragraph, or term of the Rental Agreement is held or determined to be void, invalid, or unenforceable for any reason, all other terms, clauses, or paragraphs herein shall be severed and remain in force and effect. This Agreement shall be binding on and inure to the benefit of the parties hereto and on each of their heirs, executors, administrators, successors, and assignees. This Agreement or any rights hereunder may not be assigned (in whole or in part) by you. This Agreement is taken in full compliance with federal, state, and local Fair Housing Laws, without regard to race, color, religion, sex, country of origin, handicap, or familial status. This Agreement becomes binding upon receipt of your initial payment. Sending payment constitutes your acceptance and agreement to these terms, conditions, limitations, and restrictions.
If You have purchased a Waivo™ Security Deposit Waiver, then the following terms and
conditions are now part of Your vacation rental property lease agreement.
1) AGREEMENT
i) On behalf of Dreamline Suites, Inc. the party authorized to rent the vacation rental property and the owner of the vacation rental property, Waivo has assumed the responsibility for damages as outlined below and waives Your security deposit up to $1,500.00, the waiver limit purchased by You, the renter, for your stay at the vacation rental property.
ii) Waivo is hereby responsible for theft or direct damage to real or personal property of the vacation rental property as a result of Your acts or omissions. Waivo will pay the lesser of the cost of repairs or the cost to replace the property up to $1,500.00. This waiver does not negate your responsibilities as a renter for items outside of Waivo’s responsibilities.
iii) This is not an agreement to provide insurance. You are buying a waiver of the security deposit otherwise due as part of Your vacation rental property lease agreement.
2) EXCLUSIONS
i) This Security Deposit Waiver will not pay for damages or theft resulting from:
(1) Acts of god
(2) Prior damage, cosmetic damage, or normal wear and tear
(3) Theft without a valid police report if over $250
(4) Loss of use of the vacation rental property
(5) Rodent, termite, infestation, or wild animal
(6) Damage to a motorized vehicle
(7) Fine art, collectibles, or sets of items
ii) This Waiver will not pay for damage or theft of property owned by You.
iii) This Waiver will not pay for costs associated with odor, debris removal, backups of sewers and drains, landscaping, marring, maintenance, or mechanical breakdown.
3) CONDITIONS
i) Waivo has the sole authority to determine the nature and extent of damages, necessary repairs, and eligibility for the waiver, and shall exercise that authority in a reasonable manner.
ii) Waivo reserves the right to determine if damage is eligible for reimbursement at actual cash value.
iii) This Waiver will pay for excessive cleaning, as a direct result of damage, over and above the normal cleaning fee. An irreparable stain or spillage is considered damage.
iv) This Waiver is only effective for a one-time single continuous stay, of up to 90 days, for which You purchased the Waiver. It takes effect when You occupy the vacation rental property and terminates when You depart the same vacation rental property.
v) This Waiver is only effective if any theft or damage is reported to Waivo by You, the property manager, the online travel agent or the owner of the vacation rental property within 14 days of Your departure from the vacation rental property.
vi) Waivo will not respond to damage or theft under $50 US dollars.
vii) If there is a dispute related to these terms, mediation is required before any party may file litigation. In the event of litigation, all parties waive the right to a jury trial.
4) DEFINITIONS
“You”, or “Your”, is the renter of the vacation rental property and includes the renter’s spouse, children and any other person the renter invited on to the vacation rental property during your stay at the vacation rental property.
