Exclusive 30A Property Damage Waiver Program
Exclusive 30As' Property Damage Waiver Program ("PDW", "PDW program", or the "Program") protects guests ("Covered Guests") from the potentially high costs of damages to the Exclusive 30A property in which they are staying (the "Premises").
The PDW is not insurance and does not provide liability coverage. However, if the Premises sustain damage, Exclusive 30A will repair and pay for qualified repairs, up to the amount agreed to and defined herein ("Qualified Damage"). This is not a contract for insurance; the PDW's sole purpose is to effect the maintenance of the risk of Qualified Damage to the Premises by Exclusive 30A in order to avoid shifting the risk of such damage to the Covered Guest. The PDW is not intended to provide the Covered Guest with any benefit whatsoever beyond preventing the shifting of risk of qualified damage to the Premises from Exclusive 30A to the Covered Guest.
The PDW program is active for a reservation when the Covered Guest pays the Damage Waiver fee for that reservation.
This Damage Waiver fee structure is calculated as follows:
- $169 Damage Waiver for 1-3 bedroom rentals covers up to $750 in accidental property damages
- $269 Damage Waiver for 4-5 bedroom rentals covers up to $1,000 in accidental property damages
- $369 Damage Waiver for 6 or more bedrooms covers up to $1,500 in accidental property damages
Terms of Property Damage Waiver
By opting into this Program, the property manager and property owner ("Administrators") waive the right to charge the Covered Guest for damage to the Premises as a result of the Covered Guest's own inadvertent acts or omissions as defined in this document and the Reservation Agreement for the duration of the Covered Guest's stay at the Premises (the "Stay"). The maximum limit of this waiver is dependent upon the PDW applicable to the Premises, as specified in Section 5 herein.
Conditions
Notwithstanding Covered Guest's payment of the PDW Charge, the Covered Guest shall remain liable to Exclusive 30A for all loss of or damage to the Premises and related expenses incurred by Exclusive 30A resulting from any of the following circumstances, which are not covered by the PDW:
- Curing Guest’s default in payment of rent, non-sufficient funds (“NSF”) fees, or other sums due
- Repairing accidental damages in excess of Accidental Property Damage Waiver coverage
- Repairing intentional damage or alterations caused by Guests, Invitees, and/or daytime visitors
- Cleaning the Property beyond the normal cleaning covered by the Cleaning Fee. This includes but is not limited to an excessive number of dirty dishes not loaded in the dishwasher and/or excessive linen usage (i.e. backup bed linens and bath towels were used, but were not washed, folded, and returned to the backup linen & towel storage areas).
- Replacing, repairing, or returning of Property inventory items, including but not limited to missing linens, towels, keys, and/or remote controls
- Paying gas, electric, phone, or other utility costs in excess of normal historical costs (30+ night rentals only)
- Compensate Exclusive 30A and Property Owner for any items described in the REVOCATION OF LICENSE / EVICTION / LOSS OF RESERVATION FUNDS / ADDITIONAL CHARGES TO GUEST CREDIT CARD paragraph, and for any consequential damages thereto
- a. Any and all damages if Covered Guest provides false or misleading information in order to rent the Premises;
- b. Intentional acts, gross negligence or willful and wanton conduct by Covered Guest;
- i. This includes but is not limited to negligent, reckless or abusive use or operation or intentional damage to the Premises while the Premises is under the care or control of Covered Guest;
- c. Any acts that damage the Premises by unauthorized visitors of Covered
- Guest, per the Rental Agreement;
- i. This includes, but is not limited to damages incurred if the Covered Guest fails to properly secure the Premises and/or makes it available to any unauthorized persons or entities, or by not reasonably restricting access to the Premises;
- d. Any damages, if the Covered Guest fails to report the damage to Exclusive 30A in writing within 24 hours of an incident that results in damage or loss to the Premises;
- e. Theft without a valid police report;
- i. This includes but is not limited to all damage associated with vandalism, malicious mischief, disappearance, theft or conversion of the Premises, not documented by the Covered Guest's filing a formal written report with the applicable public authorities, with an immediate copy to Exclusive 30A, within 24 hours of the time at which Covered Guest becomes aware of such damage.
- f. Damage caused by any pet or other animal brought onto the Premises by the Covered Guest;
- g. Future loss of rental income;
- h. Loss of the use of the covered Premises;
- i. Theft, damage, or loss of any personal or other property owned by or brought onto the Premises by a Covered Guest;
- j. Any damage caused by a violation of the Reservation Agreement or in an action that violates local, state or federal laws;
- k. Damages stemming from Covered Guest's failure to pay all invoices including the PDW within Exclusive 30As’ repayment terms;
- l. Loss or damage in excess of the amount of the Premises Damage Waiver described in Section 5
Administrative Procedure
All PDWs shall be administered by Exclusive 30A. Exclusive 30A shall have the sole authority to determine the nature and extent of damages, necessary repairs, and eligibility for the PDW described herein. The Covered Guest must report any theft (with an official police report) or damage to the Premises or its contents to Exclusive 30A within 24 hours of an accident that resulted in damage or loss to the Premises; otherwise applicable PDW for such Covered Guest shall be void as to such damage. Exclusive 30A has ultimate claim administration authority. Covered Guest and Exclusive 30A (the "Parties") shall make a good faith effort to resolve any disputes arising from this Contract. Exclusive 30A may require any dispute to be submitted to binding arbitration if it cannot be solved informally between the Parties. This contract is governed by the laws of the State of Florida.
Applicable Time Period
The PDW shall take effect upon check-in on the booked arrival date. All coverage shall terminate upon normal check-out time of the Exclusive 30A Premises or the final departure of the Covered Guest, whichever occurs first.
Fees
The applicable fee to be paid by Covered Guest is calculated as follows:
There are 3 levels of Damage Waivers. The fee and coverage of a Damage Waiver is set by Exclusive 30A, and is based on each property's value and furnishings.
- $169 Damage Waiver for 1-3 bedroom rentals covers up to $750 in accidental property damages
- $269 Damage Waiver for 4-5 bedroom rentals covers up to $1,000 in accidental property damages
- $369 Damage Waiver for 6 or more bedrooms covers up to $1,500 in accidental property damages
Subrogation
Covered Guest's rights to recover against any person, firm or corporation shall be subrogated to the rights of Exclusive 30A. The Covered Guest shall execute and deliver any instruments and papers that are required and do whatever else is necessary to secure such rights. The Covered Guest shall cooperate fully with Exclusive 30A and/or its insurer(s) in the prosecution of those rights and shall neither take nor permit any action to prejudice Exclusive 30As’ rights with respect thereto.
Damages in Excess of Damage Waiver Coverage
Covered Guest agrees that damages not covered by, or in excess of, the PDW limit described in Section 5 shall be paid by the Covered Guest immediately. Covered Guest authorizes Exclusive 30A to charge the cost of damages to the Covered Guest's credit card in accordance with this agreement and the terms and conditions of the Reservation Agreement.
Violation of Reservation Agreement
Violation of any condition or term of the Reservation Agreement voids the PDW without refund of any portion of booking or PDW fee.
I, the Covered Guest, have read and agree to the Terms and Conditions of the PDW program. This document is hereby incorporated into and made a part of the Reservation Agreement for my reservation at an Exclusive 30A property.
(This contract is agreed upon and signed when Guest signs the Reservation Agreement)