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Rental Agreements

RENTAL AGREEMENTS


Top Select Visit Rental Agreements

Top Select Visit is committed to providing you with the most convenient and reliable rental experience possible. Please call us at +1-949-209-1404 or +31-88-030-5300 if we can help you in any way. The terms of our Rental Agreements are provided below and are intended to help you enjoy a safe, reliable and convenient stay. The Guest Agreement sets out the terms of your booking with us if you have booked a short-term rental, while the terms of your Resedential Lease Agreement apply when you are leasing a property from us on a long-term basis or where a Resedential Lease Agreement is required.

Guest Agreement

Luxury Housing Retreats B.V. (LLC) (referred to as "Top Select Visit", "we", "us", or "our") provides certain rental management services on behalf of property owners or their authorized representatives (the "Owners") who rent their properties (including the associated property fixtures and furnishings, the “Unit”) to guests (the "Guest" or "you") seeking accommodations on a short term basis (a "booking") or long term basis (collectively, the “Services”). We are the Owner's property manager and / or authorized agent, who will perform the Services related to your booking as provided herein. By using the Unit and Services, you agree to comply with and be legally bound by the terms and conditions of this guest agreement (the "Guest Agreement") and Top Select Visit Terms and Privacy Policy, which can be found at www.topselectvisit.com/privacy and are incorporated by reference. In the event of a conflict between this Guest Agreement and the Top Select Visit Terms or Privacy Policy, this Guest Agreement will prevail. This Guest Agreement only applies to short term rentals and not long-term rentals, which will be governed by the specific terms of your Residential Lease Agreement, if applicable. The terms of the Guest Agreement maybe updated from time to time. You willl receive notice in advance.


Terms and conditions of Guest Agreement between the Owner (represented by Top Select Visit) and Guest.


1. Policies: You must abide by following policies:

  • Behave as you would in any home in which you live, with respect for property and neighbors.
  • Unless we provide otherwise, you must be over the age of 25 for most homes and over 21 for some homes which applicable conditions are always stated in the listing the relevant home.
  • You will be an occupant of the unit during the entire reserved period and other occupants of the Unit regarding your booking will be solely family members, friends, responsible adults or children under direct adult supervision. All occupants need to be individually specified in the specific booking in their relation to the occupant.
  • Do not exceed the maximum occupancy of the Property.
  • Do not exceed the maximum parking of the Property, if applicable.
  • No parties, noise that can be heard beyond the Unit lot line or in adjacent units or any illegal activity may occur at the Unit.
  • No pets are allowed unless otherwise noted for specific properties and where you have paid a pet fee in connection with your booking in advance. Assistance animals are rarely allowed and, if applicable for this specific Unit, we ask you to please let us know in advance by filling out the assistance animal accommodation request form in your Guest Portal.
  • No smoking is allowed in or around any Unit.
  • Check-in time and check-out time are generally from: Check-in: 2pm and check-out time 10am. You will be notified in advance if early check-in or late check-out will be available.
  • Please use common courtesy at the Unit by keeping it clean, reporting any problems or damages, washing dishes as used, taking garbage to the outside bins (if applicable), leaving towels in the bathrooms and sheets in the bedrooms, and not rearranging furniture.

2. Cleaning: Each home will be cleaned and inspected by third-party cleaning contractors after your departure, consistent with the Additional Health Terms below. We ask you to help us enable the cleaning crews as much as possible. They will appreciate simple things like leaving the Unit tidy, running the dishwasher (if available) and taking garbage to the outside bins (if applicable).

3. Pools, Beaches, Recreational Equipment: If the Unit that you have reserved includes a pool or hot tub, or is on a beach, these can all be obviously dangerous. Guests should observe and adhere to all rules and policies as posted at the Unit or in your booking information and supervise all children at all times. Lifeguards are not provided. Decks and patios can be slippery when wet and can result in injury to anyone who is not careful. Guest accepts and assumes all risks involved in or related to the use of a pool, hot tub, beach and deck/patio areas. Guest accepts and assumes all risks involved in or related to any of the following recreational equipment of any kind, including but not limited to a beach or pool equipment, golf cart, bicycles, docks, boats, paddleboards or other floating devices, pool or ping pong tables, game or sports equipment.

4. Excessive Wear and Tear, Noise and Occupancy: If excessive wear and tear is found for the Unit, or additional cleaning is necessary due to spills, trash left on site, stains to furniture, carpeting, linens, paint, wallpaper, or flooring, Guest authorizes Top Select Visit to charge Guest for additional fees. Guest will be provided with a receipt for any additional fees incurred upon request or as required by local laws or regulations. If at any time the maximum number of the Unit’s occupants is exceeded, if we receive information about excessive noise, or any violation of any laws, regulations or terms of this Guest Agreement, then Top Select Visit in its sole discretion, has the right to evict Guest and all occupants immediately and to charge Guest a minimum service fee of €250 with no refund for the balance of the remaining booking. If any sign of smoking is discovered, Guest authorizes TopSelectVisit to charge Guest an additional minimum €500 cleaning fee. Unless the booking for the Unit specifically allows a pet, if any sign of a pet is discovered, then Guest authorizes Top Select Visit to charge Guest an additional minimum €500 cleaning fee. Top Select Visit will return any balance of a Security Deposit to Guest, less any charges or amounts owed by Guest, within fourteen (14) days after the end of the booking or as otherwise required by local laws or regulations. Any charges owed by Guest may be charged by Top Select Visit to Guest’s card on file in addition to seeking any relief provided by law.

5. Maintenance and Access: We have the right to enter the Unit at any time during guest booking and we will diligently attempt to address maintenance issues as they occur. This is an associated risk of renting a residence or condo and if a maintenance issue occurs that cannot be fixed in a reasonable amount of time or if the Unit is unavailable for any reason as determined in our discretion, we reserve the right to cancel and refund you or offer to relocate you to another similar home at our discretion.

6. Phone and Internet: Unless otherwise specified, all homes are equipped with a high-speed Wi-Fi connection where and when service is available and we will provide you with any required Wi-Fi passwords. We do not guarantee Wi-Fi uptime, speeds or reliability for work or other purposes. We do not provide landline phones for all homes and suggest that you please use your mobile phone or Wi-Fi enabled phone for calls.

7. Furnished Rental and Supplies: Top Select Visit properties are furnished properties that will include bedspreads, linens, blankets, pillows, towels, an equipped kitchen or kitchenette, TV, furnishings unless otherwise specified. A limited starter supply of paper products, bath and dish soap are provided, but will not be replaced if consumed during your booking so we recommend bringing additional personal items with you. Staples (salt, pepper, foils, wraps, etc.) are generally stocked by the Owner of the Unit, however Top Select Visit cannot commit these supplies being present. Guest is responsible for replacing stocked items as they are consumed. If there is a special type of item you are accustomed to using, please provide for those items by bringing them with you. Extra towels are always recommended for homes on the beach, or with a pool or hot tub.

8. Weather and Other Unforeseen Events: Top Select Visit does not accept liability for any inconveniences, delays or your inability to booking in a Unit arising from any temporary or permanent defects or stoppage in supply of water, gas, electricity or plumbing, damage caused by weather, road closures or conditions, construction, natural disasters, disruption or cancellation of your travel, events, conferences or reason for your booking, government orders, pandemics, viruses, illnesses, infestations, water conditions, closings, pollution, acts of God or other reasons beyond Top Select Visit’s control. No refunds will be given for any delays or cancellations due to such conditions.

9. Common Areas, Facilities & Amenities: Top Select Visit cannot warrant the availability, usability or condition of amenities provided through homeowners or condo associations where the Unit may be located (the “HOA”), resorts, or other third parties, including, but not limited to, pools, hot tubs, club houses, tennis courts, golf facilities, picnic & beach and related facilities. Such items are not part of the Unit.

10. Indemnity: Neither Owner, the Owner’s HOA, nor Top Select Visit assumes any liability for loss, theft, damage or injury to Guest, his/her guests or other occupants in the Unit. The Guest, for himself/herself, his/her heirs, assignors, executors and administrators, fully releases and discharges Owner, HOA and Top Select Visit from any and all claims, demands and causes of action by reason of any injury or whatever nature which has or have occurred, or may occur to the Guest, his/her guests or other occupants of the Unit as a result of, or in connection with the occupancy of the Unit and agrees to hold Owner, HOA and Top Select Visit free and harmless of any claim or suit arising therefrom. In any action concerning the rights, duties or liabilities of the parties to this Guest Agreement, or their principals, agents, successors or assignees the prevailing party shall be entitled to recover reasonable attorney fees and costs.

11. Unavailability: In the rare event the Unit that you have reserved is for sale, is sold or is otherwise unavailable for any reason as determined by Top Select Visit, then Top Select Visit, in our discretion, may provide Guest with a comparable home at no additional cost to the Guest or cancel and refund Guest’s booking.

12. Identification and Compliance: All guests are subject to our identification and risk screening process, which may require the Guest to provide personal, credit card and other information as determined by Top Select Visit prior to booking the Unit. We may cancel a booking at any time if Guest fails to complete our Guest identification and risk screening process as determined in our discretion. Top Select Visit does not prefer, limit or discriminate because of race, color, religion, sex, handicap, familial status, or national origin.

13. Payment and Cancellations: We accept most major credit cards. The following cancellation policy is applicable to your booking:

  • Standard cancellation policy:

Full refund for cancellations made within 48 hours of booking, if the check-in date is at least 14 days away. 50% refund for cancellations made at least 30 days before check-in.

No refunds for cancellations made within 30 days of check-in.

  • Long-term stay cancellation policy (Cancellation policy that will apply to stays 28 nights or longer):

Full refund if cancelled within 48 hours of booking and at least 28 days before check-in.

After that, the first 30 days of the stay are non-refundable.


Other booking, collection and cancellation terms may apply to your booking as applicable at the time of your booking and booking site (as indicated by Top Select Visit agent or in terms offered by third party booking agents such as Airbnb, VRBO a.o.).


14. Additional Health Terms and Waiver of Liability: Top Select Visit has taken reasonable steps to ensure that your Unit has been properly cleaned and sanitized with industry standard, EPA approved supplies and disinfectant procedures designed to effectively eliminate viruses and microbes prior to your arrival, including novel coronavirus, COVID-19 (collectively "Disease"), which has been declared a worldwide pandemic by the World Health Organization and is reported to be extremely contagious. More about Top Select Visit's cleaning process can be found under FAQ’s at www.topselectvisit.com/property-owners#OperationalQuestions. In order to ensure the safety of all Guests, Owners, workers and related parties, you agree that you are personally responsible for your safety and actions regarding your or any member of your party's use of the Unit If you or any members of your party meet any of the below conditions or fail to abide by the following guidelines, you agree that you and the members of your party will be at higher risk of contracting a Disease in connection with your use of the Unit:

  • Has experienced a fever, cough, sore throat, shortness of breath, muscle pain, or a loss of taste and/or smell within the 14 days prior to your booking arrival;
  • Has been living, visiting, or otherwise exposed to anyone with a fever or a cough within the 30 days prior to your booking arrival;
  • Has travelled more than 25 miles from their home, internationally or resided or visited any other State with an infection rate of over 70 per 1,000 people within the 14 days prior to your booking arrival;
  • Has failed to practice safe social distancing, proper handwashing, or any other recommended precautions within the 14 days prior to your booking arrival;
  • Do not maintain sanitation in the Unit by ensuring all members of the party wash all personal belongings, persons, and the Unit itself after contact, in order to provide a clean and safe Unit; or
  • Do not read, understand, and ensure all members of the party fully comply with all State and County rules, ordinances, laws and executive orders during your booking, specifically including those related to social distancing, quarantine, or public health.

You agree that it is not possible to prevent against the presence of the Disease. Therefore, if you choose to utilize the Unit you may be exposing yourself to and/or increasing your risk of contracting or spreading Disease. You agree that you have read and understood the above warning concerning Disease. By using the Services and Unit you hereby choose to accept the risk of contracting Disease for yourself and/or your children and members of your party in order to utilize the Services and Unit. You agree that these Services are of such value to you and your children and members of your party that you accept the risk of being exposed to, contracting, and/or spreading Disease in order to utilize the Services and Unit. If you do not agree to these terms do not use the Services and Unit.


1. Applicable law and Severability: 

The applicable law of this Guest Agreement is determined by the law of the country (/state) where the property is located.

If any part of this Guest Agreement shall be held unenforceable for any reason, the remainder of this Guest Agreement shall continue in full force and effect. If any provision of this Guest Agreement is deemed invalid or unenforceable by any court of competent jurisdiction, and if limiting such provision would make the provision valid, then such provision shall be deemed to be construed as so limited.

2. Effectiveness, Agreement & Counterparts. You agree to comply with and be legally bound by the terms and conditions of this Guest Agreement as of the earlier of: (a) the date you electronically sign or accept the Guest Agreement; or (b) the date you use any Services, including the Site, a Unit, including making a booking or any payments for a booking via the Site or any third-party booking service for the Unit. The Guest Agreement governs your access to and use of the Services and Unit and constitute a binding legal agreement between you and the property Owner. Top Select Visit is the Owner's property manager and/or authorized agent.


IF YOU DO NOT AGREE WITH THESE TERMS, YOU MAY NOT ACCESS OR USE THE SERVICES, SITE OR UNIT.

Residential Lease Agreemement

Top Select Visit believes in being good neighbors in our rental neighborhoods. We seek to comply with all applicable local regulations and homeowner association rules regarding rental terms, licenses, taxes, noise and parking. If you rent a property via Top Select Visit for a longer period a residential lease is required for a certain minimum rental term (as indicated by a Top Select Visit agent or in the property listing terms), or where a lease for a minimum rental term for this property is required by applicable laws, regulations, homeowner's association rules or Top Select Visit, then you agree to the required Residential Lease Agreement provided to you prior to the start of your rental (and which can also be accessed via the link below prior to the start of your rental period) and the Residential Lease Terms will apply and not the Top Select Visit’s Guest Agreement. Prior to the beginning of your booking, we will email a copy of the applicable Residential Lease Agreement to your email address. If you have any questions regarding the terms of the Residential Lease Agreement, please call us at +1-949-209-1404 or +31-88-030-5300. No rental of this property is accepted or final unless you agree to a residential lease with a minimum rental term and house rules if required to comply with the applicable local regulations or homeowners association rules, including providing such additional identification information which may be required from Tenant to comply with such regulations and rules as determined by Top Select Visit. By indicating your agreement online, signing the Residential Lease Agreement, accessing the rental property for your rental period or using the Services, you agree to the terms of the Residential Lease in the substantially the form provided below.


FORM


THE FORM BELOW IS A DRAFT. THE APPLICABLE RESIDENTIAL LEASE AGREEMENT WILL BE PROVIDED TO YOU PRIOR TO THE START OF YOUR RENTAL.


This Residential Lease (this “Lease”) is made and entered into on [the Lease Start Date] (the “Effective Date”), by and between [Property Owner] (“Landlord”) and each tenant on the signature page attached hereto (each, a “Tenant”, and collectively, the “Tenants”), with respect to the real Property and improvements thereon located at [Property Address] (the “Premises”), and the fixtures, furnishings and equipment located within (collectively with the Premises, the “Property”).

NOW, THEREFORE, for good and valuable consideration and the mutual promises and undertakings herein, and other good and valuable consideration, the sufficiency of which is acknowledged, the parties hereto hereby agree as follows:

Demise of Property. Landlord hereby leases the Property to each Tenant, and each Tenant hereby leases the Property from Landlord upon the terms and conditions set forth herein.

Term. The term of this Lease (the "Lease Term") will run from: [Lease Start Date] to [Lease End Date]

Rent. The Rent for the Property for the Lease Term is [Lease Amount] which is due to Landlord for the Lease Term.

Tenant Possessory Rights. All Tenants to this Lease have full possessory interest and right of enjoyment of the Property for the entire Term of the Lease, regardless of whether any given Tenant exercises that possessory interest at any given time during the term of the Lease. 

Real Property Taxes. Landlord shall be responsible for the payment of all Real Property Taxes as the same become due and before delinquency. "Real Property Taxes" shall mean all real Property taxes, assessments, levies, and other charges presently existing or subsequently imposed by any governmental or quasi-governmental authority having the direct or indirect power to tax and which are levied or assessed against the Property.

Utilities. Landlord shall be responsible for the payment of all water, gas, electricity, or other public utilities used upon or furnished to the Property during the Lease Term. Notwithstanding the foregoing, each Tenant agrees to pay for optional services fees such as pool heating if agreed by Tenant in advance.

Landlord Compliance with Laws. Landlord, at its cost and expense, shall comply with all requirements of all present and future laws, orders, ordinances, rules and regulations of Federal, State, County, Municipal and other authorities including any owner association governing the Property which shall impose any duty upon the Landlord with respect to the Property or the use, occupation, control or enjoyment thereof, the conduct of any business therein or the construction, alteration or demolition of any improvement located on the Property.

Tenant Compliance with Laws, House Rules and Residential Use. The Tenants, on their part, shall comply with all requirements of all present and future laws, orders, ordinances, rules and regulations of Federal, State, County, Municipal and other authorities including any owner association governing the Tenant’s use of the Property, occupation, control or enjoyment thereof. Tenant shall use the Premises for residential purposes only and for no other purposes without the prior written consent of Landlord. Each Tenant covenants and agrees that he/she shall not use, or suffer or permit any person or persons to use the Property or any part thereof for any use or purpose contrary to the provisions of the attached House Rules are incorporated herein by this reference, or any other reasonable rules and regulations which Landlord may make from time to time and provide to Tenant (the "House Rules") and each Tenant shall faithfully observe and comply with the House Rules. Landlord shall not be responsible to any Tenant for the nonperformance of any of such House Rules by or otherwise with respect to the acts or omissions of any Tenants or other occupants of the Property.

Maintenance of Property. During the Term, Landlord shall keep and maintain the Property in good order and repair, and shall allow no nuisance to exist or be maintained therein, including without limitation, the grounds, sidewalks, roads, parking and landscaped areas thereof. The Tenants shall not be obligated to make any repairs or replacements of any kind to the Property and all such repairs or replacements shall be made in a timely fashion by Landlord at Landlord's sole cost. Notwithstanding the foregoing, if there is any damage or destruction to the Property due to the negligence or willful misconduct of a Tenant or any of his/her agents, invitees or Tenants, then such Tenant shall be responsible for any reasonable, applicable insurance deductible (which shall be payable to Landlord upon demand), and such Tenant shall reimburse Landlord for all costs and expenses incurred by Landlord to repair such damage or destruction.

Common Areas, Facilities & Amenities: Landlord cannot warrant the availability, usability or condition of amenities provided through homeowner or condo associations homeowner or condo association where the Property may be located (the “HOA”), resorts, or other third parties, including, but not limited to, pools, hot tubs, club houses, tennis courts, golf facilities, picnic & beach and related facilities. Such items are not included in the Property.

Insurance. Landlord shall, at its sole cost and expense, maintain at all times during the Term a policy of insurance in an amount required to cover the replacement cost of the Property or as otherwise required under Landlord’s mortgage. In addition, Landlord shall maintain general liability insurance insuring Landlord against loss or other liability for personal and bodily injury to persons and/or damage to Property and/or death of any person and/or persons occurring in or about, or resulting from an occurrence in or about the Property.

Assignment and Sublease. No Tenant may assign or sublease any interest in this Lease without the prior written consent of the Landlord.

Default. Tenant failure to perform or fulfill any obligation under this Lease shall be a default curable upon 3 days' prior notice from Landlord. However, in the event that a Tenant, or any of his/her agents, guests or invitees, violate any laws or local ordinances, owner association rules or requirements, or breach the House Rules, Landlord in its discretion may immediately terminate the Lease and exercise the remedies granted under this Lease or applicable law.

Indemnity. Each Tenant, with respect to such Tenant’s use of the Property only, hereby assumes all risk of damage to Property or injury to persons in, upon or about the Property from any cause whatsoever (including, but not limited to, any personal injuries resulting from a slip and fall in, upon or about the Property) and agrees that Landlord, and Landlord’s Property manager and agent, its shareholders, partners, and their respective officers, agents, servants, employees, and independent contractors shall not be liable for, and are hereby released from any responsibility for, any damage either to person or Property or resulting from the loss of use thereof, which damage is sustained by any person in, upon or about the Property or by such Tenant or by other persons claiming through such Tenant in, upon or about the Property. Neither Landlord, the HOA, nor Top Select Visit assumes any liability for loss, theft, damage or injury to Tenant, his/her guests or other occupants in the Property. The Tenant, for himself/herself, his/her heirs, assignors, executors and administrators, fully releases and discharges Landlord, HOA and Top Select Visit from any and all claims, demands and causes of action by reason of any injury or whatever nature which has or have occurred, or may occur to the Tenant, his/her guests or other occupants of the Unit as a result of, or in connection with the occupancy of the Unit and agrees to hold Owner, HOA and Top Select Visit free and harmless of any claim or suit arising therefrom. In any action concerning the rights, duties or liabilities of the parties to this Lease, or their principals, agents, successors or assignees the prevailing party shall be entitled to recover reasonable attorney fees and costs. The provisions of this Section shall survive the expiration or sooner termination of this Lease with respect to any claims or liability arising in connection with any event occurring prior to such expiration or termination.

Landlord’s Property Manager and/or Agent. Luxury Housing Retreats B.V. (LLC) (“Top Select Visit”) is Landlord’s Property manager and/or Authorized Agent, who will perform services for the Landlord and Tenant as provided in this Lease. Tenant agrees that Top Select Visit and its authorized agents may access the Property to fulfill the obligations or enforce the terms of this Lease, including the House Rules, as provided herein.

Right of Inspection and Identification. Each Tenant agrees, during the Lease Term, to make the Property available to Landlord or Landlord’s agents (specifically including Top Select Visit) for the purposes of inspection, making repairs or improvements, to supply agreed upon services or in case of emergency. No Tenant shall, without Landlord’s prior written consent, alter any locks to the Property. All Tenants are subject to Landlord’s identification and risk screening process, which may require the Tenant to provide personal, credit card and other information as determined by Landlord prior to the effective start date.

Effective Date. If the Tenant fails to complete the process of executing this Lease in the timeframes requested by Landlord, this Lease will not be effective and will be void. The Lease will be deemed to be effective when Tenant completes the process of executing the Lease to Landlord's satisfaction and in Landlord's sole discretion and provides an executed copy of the Lease to Tenant. With respect to tenants, Top Select Visit does not prefer, limit or discriminate on the basis of race, color, religion, sex, handicap, familial status, or national origin.

Holdover. If any Tenant holds over after the expiration of the Lease Term or fails to abide by the Tenant Agreement, such tenancy shall be from day-to-day only, and shall not constitute a renewal hereof or an extension for any further term. In such case, Tenant’s share of the Rent shall be payable at a rate equal to two (2) times the Rent set forth in Section 3 above, plus the actual costs of re-accommodating future tenants that were scheduled to rent the Property. Such day-to-day tenancy shall be subject to every other applicable term, coven and agreement contained herein. Nothing contained in this Section shall be construed as consent by Landlord to any holding over by any Tenant, and Landlord expressly reserves the right to require any Tenant to surrender possession of the Property to Landlord as provided in this Lease upon the expiration of the Lease Term or other termination of this Lease. If a Tenant fails to surrender the Property upon the termination or expiration of the Lease Term, in addition to any other liabilities to Landlord accruing therefrom, such Tenant shall protect, defend, indemnify and hold Landlord harmless from all loss, costs (including reasonable attorneys' fees) and liability resulting from such failure, including, without limiting the generality of the foregoing, any claims made by any other Tenant or future tenants founded upon such failure to surrender and any lost profits to Landlord resulting therefrom.

Delay of Occupancy. If any Tenant is unable to occupy the leased premises on the Effective Date because of a prior tenant's holding over of the leased Premises, or if the Premises are under repair, or if they are otherwise unavailable or unfit for Tenant's occupancy as determined by Landlord, for reasons including, but not limited to, the conditions included in this Section below, Landlord will not be liable to Tenant for such delay and this lease will remain enforceable. In the event of such a delay, the Landlord may extend the start date of the Lease Term to a date when the Property is available and the expiration of the Lease Term will also be extended by a like number of days, so that the length of this Lease remains unchanged. Landlord does not accept liability for any inconveniences, delays or your inability to booking in a Property arising from any temporary or permanent defects or stoppage in supply of water, gas, electricity or plumbing, damage caused by weather, road closures or conditions, construction, natural disasters, disruption or cancellation of your travel, events, conferences or reason for your booking, government orders, pandemics, viruses, illnesses, infestations, water conditions, closings, pollution, acts of God or other reasons beyond Landlord’s control. This Lease will not be terminated or refunded for any delays or cancellations due to such conditions.

Severability: If any part of this Lease shall be held unenforceable for any reason, the remainder of this Agreement shall continue in full force and effect. If any provision of this Lease is deemed invalid or unenforceable by any court of competent jurisdiction, and if limiting such provision would make the provision valid, then such provision shall be deemed to be construed as so limited.

Entire Agreement and Conflicts: This Lease is also subject to the Top Select Visit Terms and Privacy Policy, specifically including the Binding Arbitration and Class Action Waiver provisions, the terms of which are incorporated in this Lease by reference and can be found at www.topselectvisit.com/privacy. In the event of a conflict between this Lease and the Top Select Visit Terms or Privacy Policy, this Lease will prevail. This Lease, Top Select Visit Terms and Privacy Policy constitute the entire agreement between the parties and supersede any prior understanding or representation of any kind preceding the date of this Lease. There are no other promises, conditions, understandings or other agreements, whether oral or written, relating to the subject matter of this Lease. The Top Select Visit Guest Agreement found at www.topselectvisit.com/privacy does not apply to this Lease.

Governing Law. This Lease Agreement shall be governed, construed and interpreted by, through and under the laws of the State of [Property State]. Tenant hereby waives any provisions of state, local or quasi-governmental authority applicable to the residential leasing of the Property which may be waived by tenants. All statutory residential lease provisions which may not be waived by a tenant are incorporated herein by this reference.

Electronic Signature and Delivery; Counterparts. Landlord and the Tenants may execute signature pages to this Lease by online acceptance or e-mail, which copies shall be deemed to be an original executed signature page. This Lease may be executed in any number of counterparts, each of which shall be deemed an original and all of which counterparts together shall constitute one agreement with the same effect as if the parties had signed the same signature page.

[Signatures to follow]


THE FORM ABOVE IS A DRAFT. THE APPLICABLE RESIDENTIAL LEASE AGREEMENT WILL BE PROVIDED TO YOU PRIOR TO THE START OF YOUR RENTAL.

House Rules

Pursuant to the Rental Agreement or Residential Lease Agreement, you agree to the following House Rules for your rental of the Property. If you have any questions regarding your Lease or use of the Property, please call the Landlord’s property manager and/or agent, Top Select Visit, at +1-949-209-1404 or +31-88-030-5300.


  1. Policies: Please treat our Property with the care you would at your own property and abide by following policies:
  • Behave as you would in any home you live in, with respect for property and neighbors.
  • No parties, noise that can be heard beyond the Property lot line or in adjacent units, or any illegal activity shall take place at the Property.
  • No pets are allowed unless otherwise noted for specific properties and where you have paid a pet fee in connection with your booking in advance. Assistance animals are allowed and we ask that you please let us know in advance by filling out the assistance animal accommodation request form in your Guest Portal.
  • No smoking is allowed in or around any Property.
  • Please use common courtesy at the Property by keeping it clean, reporting any problems and taking garbage to the outside bins.
  • Unless we provide otherwise, you must be over the age of 25 for most homes and over 21 for some homes which applicable conditions are always stated in the listing the relevant home.
  • Do not exceed the maximum occupancy of the Property: X Persons.
  • Do not exceed the maximum parking of the Property, if applicable: X Vehicles.

2. Pools, Beaches, Recreational Equipment: If the Unit that you have reserved includes a pool or hot tub, or is on a beach, these can all be obviously dangerous. Tenants should observe and adhere to all rules and policies as posted at the Unit and supervise all children at all times. Lifeguards are not provided. Decks and patios can be slippery when wet and can result in injury to anyone who is not careful. Tenant accepts and assumes all risks involved in or related to the use of a pool, hot tub, beach and deck/patio areas. Tenant accepts and assumes all risks involved in or related to any of the following recreational equipment of any kind, including but not limited to a beach or pool equipment, golf cart, bicycles, docks, boats, paddleboards or other floating devices, pool or ping pong tables, game or sports equipment.


3. Excessive Wear and Tear, Noise and Occupancy: If excessive wear and tear is found on the Property (or Premises), or additional cleaning is necessary due to spills, trash left on site, stains to furniture, carpeting, linens, paint, wallpaper, or flooring, Tenant authorizes Landlord to charge Tenant for additional fees. Tenant will be provided a receipt for any additional fees incurred upon request or as required by local regulations. If at any time the Tenant exceeds the maximum number of occupants or if Landlord receives information about excessive noise or a violation of any laws, regulations, owner association rules, then, Landlord has the right to evict Tenant and all occupants immediately and to charge Tenant a minimum service fee of €250 with no refund for the balance of the remaining Lease. If any sign of smoking is discovered Tenant authorizes Landlord to charge Tenant an additional minimum €500 cleaning fee. Unless the Lease specifically allows, if any sign of any pet is discovered Tenant authorizes Landlord to charge Tenant an additional minimum €500 cleaning fee. Landlord will return any balance of a security deposit to Tenant, less any charges or amounts owed by Tenant, within fourteen (14) days after the end of the Lease Term or as otherwise required by local laws or regulations.


4. Maintenance and Access: We have the right to enter the Property to address maintenance and repair issues or violations of any House Rules. This is an associated risk of renting a residence or condo. If a maintenance issue occurs that significantly affects your rental, we reserve the right to refund you or offer to relocate you to another Property at our discretion.


5. Phone and Internet: Unless otherwise specified, all homes are equipped with a high-speed Wi-Fi connection where and when service is available and we will provide you with any required Wi-Fi passwords. We do not guarantee Wi-Fi uptime, speeds or reliability for work or other purposes. We do not provide landline phones for all homes and suggest that you please use your mobile phone or Wi-Fi enabled phone for calls.


6. Furnished Property: The Property is a furnished rental that will include bedspreads, linens, blankets, pillows, towels, a fully equipped kitchen or kitchenette, TV and furnishings unless otherwise specified. A limited supply of paper products, bath and dish soap are also supplied, but will not be replaced if consumed during your Lease.


7. Indemnity: Neither Landlord nor Top Select Visit assumes any liability for loss, theft, damage or injury to Tenant, Tenant’s guests or other occupants in the Property. The Tenant, for himself/herself, his/her heirs, assignors, executors and administrators, fully releases and discharges the Landlord and Top Select Visit from any and all claims, demands and causes of action by reason of any injury or whatever nature which has or have occurred, or may occur to the Tenant, or any of Tenant’s guests or other occupants of the Property as a result of, or in connection with the occupancy of the Property and agrees to hold Landlord and Top Select Visit free and harmless of any claim or suit arising therefrom.


8. Sale Contingency: In the event that the Property is sold, transferred, or otherwise unavailable for the rental period as determined by Landlord, then Landlord reserves the right to provide the Tenant with a comparable Property at no additional cost to the Tenant. Showings during occupancy are by appointment only at Tenant’s prior approval.


9. Additional Health Terms and Waiver of Liability: Top Select Visit has taken reasonable steps to ensure that your Property has been properly cleaned and sanitized with industry standard, EPA approved supplies and disinfectant procedures designed to effectively eliminate viruses and microbes prior to your arrival, including novel coronavirus, COVID-19 (collectively "Disease"), which has been declared a worldwide pandemic by the World Health Organization and is reported to be extremely contagious. More about Top Select Visit's cleaning process can be found under FAQ’s at www.topselectvisit.com/property-owners#OperationalQuestions. In order to ensure the safety of all tenants, landlord, workers and related parties, you agree that you are personally responsible for your safety and actions regarding your or any member of your party's use of the Premises. If you or any members of your party meet any of the below conditions or fail to abide by the following guidelines, you agree that you and the members of your party will be at higher risk of contracting a Disease in connection with your use of the Premises:

  • Has experienced a fever, cough, sore throat, shortness of breath, muscle pain, or a loss of taste and/or smell within the 14 days prior to your booking arrival;
  • Has been living, visiting, or otherwise exposed to anyone with a fever or a cough within the 14 days prior to your booking arrival;
  • Has traveled more than 25 miles from their home, internationally or resided or visited any other State with an infection rate of over 70 per 1,000 people within the 14 days prior to your booking arrival;
  • Has failed to practice safe social distancing, proper handwashing, or any other recommended precautions within the 14 days prior to your booking arrival;
  • Do not maintain sanitation in the Premises by ensuring all members of the party wash all personal belongings, persons, and the Premises itself after contact, in order to provide a clean and safe Premises; or
  • Do not read, understand, and ensure all members of the party fully comply with all State and County rules ordinances, laws and executive orders during your booking, specifically including those related to social distancing, quarantine, or public health.

You agree that it is not possible to prevent against the presence of the Disease. Therefore, if you choose to utilize the Premises you may be exposing yourself to and/or increasing your risk of contracting or spreading Disease. You agree that you have read and understood the above warning concerning Disease. By using the Services and Premises you hereby choose to accept the risk of contracting Disease for yourself and/or your children and members of your party in order to utilize the Services and Premises. You agree that these Services are of such value to you and your children and members of your party that you accept the risk of being exposed to, contracting, and/or spreading Disease in order to utilize the Services and Premises.


IF YOU DO NOT AGREE WITH THESE TERMS, DO NOT ENTER INTO THIS LEASE, USE THE SERVICES OR ACCESS THE PREMISES.


[Any specific local ordinances for this Property may be provided here.]


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