Property Damage Waiver Contract

 
Paradise Retreats’ Property Damage Waiver program (“PDW”, “PDW program”, or the “Program”) protects guests (“Covered Guests”) from the potential high costs of damages to the Paradise Retreat 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, Paradise Retreats 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 Paradise Retreats 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 Paradise Retreats 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:

$100 Damage Waiver covers up to $2,000 in accidental property damages
$200 Damage Waiver covers up to $4,000 in accidental property damages
$300 Damage Waiver covers up to $6,000 in accidental property damages

1. Terms of Property Damage Waiver: By opting into this Program, the property manager and property owner (“Administrators”) waive the right to charge Covered Guest for damage to the Premises as a result of 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.

2. Conditions: Notwithstanding Covered Guest’s payment of the PDW Charge, the Covered Guest shall remain liable to Paradise Retreats for all loss of or damage to the Premises and related expenses incurred by Paradise Retreats resulting from any of the following circumstances, which are not covered by the PDW:

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 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 Paradise Retreat 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 Paradise Retreats, 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 on to 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 Paradise Retreats’ repayment terms; 

l. Loss or damage in excess of the amount of the Premises Damage Waiver 
described in Section 5

3. Administrative Procedure. All PDWs shall be administered by Paradise Retreats. Paradise Retreats 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 Paradise Retreats 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. The President of Paradise Retreats has ultimate claim administration authority. Covered Guest and Paradise Retreats (the “Parties”) shall make a good faith effort to resolve any disputes arising from this Contract. Paradise Retreats 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 California.

4. 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 Paradise Retreat Premises or the final departure of the Covered Guest, whichever occurs first.

5. 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 Paradise Retreats, and is based on each property’s value and furnishings.

$100 Damage Waiver Fee covers up to $2,000 in accidental property damages
$200 Damage Waiver Fee covers up to $4,000 in accidental property damages
$300 Damage Waiver Fee covers up to $6,000 in accidental property damages

6. Subrogation. If the Covered Guest purchases the PDW, then the Covered Guest’s rights to recover against any person, firm or corporation shall be subrogated to the rights of Paradise Retreats. 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 Paradise Retreats and/or its insurer(s) in the prosecution of those rights and shall neither take nor permit any action to prejudice Paradise Retreats’ rights with respect thereto.

7. 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 Paradise Retreats 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.

8. 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 a Paradise Retreats property.

(This contract is agreed upon and signed when Guest signs the Reservation Agreement)