House Rules

In consideration of the rent received and the mutual promises contained, the Owner of the Rental Property does hereby lease and rent to Guest(s) such Rental Property under the following terms and conditions:

  1. Renters must be at least 25 years of age and must occupy the property for the entirety of the reservation (no third party bookings). Any reservations obtained under false pretense will be subject to forfeiture of all amounts paid.
  2. Guest agrees to abide by all rules and regulations contained herein or posted on the premises related to the Rental Property.  Guests obligations include but are not limited to keeping the premises as clean and safe as the conditions of the premises permit and causing no unsafe or unsanitary conditions in the common area and remainder of the premises that Guest uses.  Guests agree not to use the premises for any commercial activities or purpose that violates any criminal law or governmental regulation.  Guest's breach of any duty contained in this paragraph shall be considered material and shall result in the termination of guest occupancy with no refund of any kind.
  3. In no event shall the Rental Property be occupied by more persons than the capacity of the property as stated on the web site or the confirmation letter, without prior approval by Owner.  The Maximum occupancy limit, indicated on this confirmation has been set by the owner and/or property manager. Any more than this is not allowed. If you exceed this limit at any time, you will be asked to vacate with no refund.   In no event shall Guests assign or sublet the Rental Property in whole or in part.  Violations of these rules are grounds for expedited eviction with no refund of any kind.  Guests hereby acknowledge and grant specific permission to Owner to enter premises at any time for inspection purposes should Owner reasonably believe that Guests are causing or have caused any damage to Rental Property.  Guest further agrees to grant Owner access to Rental Property for purposes of maintenance and repair.  
  4. In the event Guest wishes to terminate the rental agreement and cancel the booking reservation, Travel Insurance, Damage Protection and any processing or administrative fees are non-refundable.  The refund policy is as follows:
  5. Full payment is paid to Owner at the time of the booking.  Any refunds due to Guests from a credit card payment will be refunded by credit card transaction; all other refunds will be made within 30 days by check.
  6. A security deposit is required and will be automatically reserved for the booking.  The automatic reserve is conducted by putting a hold or charge on the Guest's credit card for the amount of $850 exactly 2 day(s) prior to the arrival date.  The credit card of the last successful payment will be used.  If there are no successful credit card payments, it is the responsibility of the Guest to send by check to the Owner to satisfy the Security Deposit requirement.  If, at the end of the rental period, the rental property is returned undamaged beyond normal wear and tear, the Security Deposit will be released in full within five (5) business days.  In the event of any damages, Owner will provide Guest with a full accounting of expenses incurred and deductions made from the Security Deposit.  Should the damages exceed the amount of the Security Deposit, Guest agrees to pay the balance within five (5) business days after receiving notification.  Deductions from Security Deposit may include, but are not limited to: excess cleaning fee, hot tub draining and refilling fee, trash removal fee, missing item replacement costs, damaged item replacement or repair costs, repair costs of buildings or grounds, or other service call fees.  Owner is under no obligation to use the least expensive means of restoration.
  7. Animals and pets are not allowed on the property.  Guests must obtain permission from the Owner to have pets on the Rental Property.  If permission is not given by the Owner, any animal or pet(s) found in or about the Rental Property will be grounds for expedited eviction and forfeiture of all monies paid.
  8. Guests must inform the Owner of their intention to bring children and the specific number.  A child is defined as any person under the age of 18.
  9. No refunds will be provided due to inoperable appliances, electronics, etc.  The Owner will make every reasonable effort to assure that such appliances will be and remain in good working order.  No refunds will be given due to power blackouts, water shortage, flooding, snow, construction at adjacent properties, or mandatory evacuations of the area by county officials due to hurricanes or other potentially dangerous situations arising from acts of god or nature.
  10. Guest is responsible for all handling and shipping costs for any Lost and Found items that Owner is requested to return to Guest.  Items found and not claimed within 30 days will be disposed of at the discretion of Owner.
  11. Linen Service: This property is rented with Linens – Please follow the checkout instructions provided by linen service. If any linens are damaged or not gathered up at the end of your stay there will be an additional linen service charge.
  12. Maximum number of cars Guests may bring to Tortuga Bay is no than 6 cars. No ATVs or recreational vehicles (including campers) of any kind may be parked or used at Tortuga Bay. During your stay, please park only on our circular driveway and the driveway area to the left of the garage and not in the grass.
  13. Owners may also charge an additional cleaning fee if Guest has not followed checkout procedures and left Rental Property in clean and good order. Any Guest key(s) not returned to Owner at time of checkout will be subject to a $100.00 lost key charge. Guest is responsible for notifying Owners immediately upon check-in if the Rental Property is found in less than good condition or any damage is noted. If damages occur during your stay, please notify us prior to the termination of rental
  14. In the event Owner is unable to make Rental Property available for any reason other than described above or a reasonable substitute as determined by Owner, Guest agrees that Owner's sole liability as a result of this unavailability is to provide a full refund of all monies paid under this Agreement and Guest expressly acknowledges that in no event shall Owner be held liable for any special or consequential damages which result from this unavailability.  Guest also agrees to indemnify Owner from and against liability for injury to Guest or any other person occupying Rental Property resulting from any cause whatsoever including, but not limited to, injury sustained as a result of use of the kayaks, paddleboard, water toys, electronics, appliances, etc. except only such a personal injury caused by the gross negligence or intentional acts of the Owner.
  15. Owner may terminate this Rental Agreement and cancel the booking reservation upon the breach of any of the terms hereof by Guest.  Guest shall not be entitled to the return of any rental monies paid under the terms of this Agreement and shall vacate the Property immediately.
  16. The Rental Property may offer access to recreational and water activities, including but not limited to kayaks, paddle boards, fishing poles, private dock, private ramp, swimming. Guest acknowledges that the use of amenities such as decks, stairways, the fire pit, boat docks, the swimming area, Lake Anna, kayaks, boats, life preservers, lawn games, and other items found on and near the Property may be potentially dangerous and may involve risks, particularly with regard to children. Guest fully understands and acknowledges that outdoor recreational and water activities have inherent risks, dangers and hazards.  Participation in such activities and/or use of equipment may result in injury or illness including, but not limited to bodily injury, disease, strains, fractures, partial and/or total paralysis, death or other ailments that could cause serious disability.  Guest assumes all responsibility and liability for Guest’s, Guest’s invitees’, and others’ use of the Property during the term of this Agreement, and agrees that Owner shall not be liable for any injuries or deaths resulting from any such usage. Guest agrees to fully indemnify and hold harmless the Owners, spouses, heirs, executors, administrators, legal representatives, and any and all agents, employees, contractors, for any injury or damage caused by these activities, whether caused by the negligence of the Owners, the negligence of the participants, the negligence of others, accidents, breaches of contract, the forces of nature or other causes foreseeable or unforeseeable.  Guest hereby assume all risks and dangers and all responsibility for any losses and/or damages, whether caused in whole or in part by the negligence or other conduct of the Owners or by any other person.  Guest hereby voluntarily agree to release, waive, discharge, hold harmless, defend and indemnify Owner and any and all agents, employees, or contractors from any and all claims, actions or losses for bodily injury, property damage, wrongful death, loss of services or otherwise which may arise out of my use of Rental Property facilities, equipment, or activities.  Guest further assumes full responsibility for the actions of any and all persons whom he may allow to enter the property during the rental period and indemnifies Owner from any and all claims arising from such other persons.
  17. GOVERNING LAW: This Rental Agreement shall be governed by the laws of the Commonwealth of Virginia, without regard to any provision of Virginia law that would require or permit the application of the substantive law of any other jurisdiction. The venue for any litigation arising out of or relating to this Agreement or its performance shall be Louisa County, Virginia.  Any amendments must be in writing and signed by both parties.  In the event of a dispute, legal action may only be instituted in the county within which the Rental Property is located.  If any part of this Agreement shall be deemed unenforceable by law, that part shall be omitted from this Agreement without affecting the remaining Agreement.
  18. GENERAL PROVISIONS: This Rental Agreement contains the entire agreement between the parties with regard to the rental of the Property, and any changes, amendments, or modifications hereof shall be void unless the same are in writing and signed by both the Guest and the Owner.
  19. The words “Owner” and “Guest” shall include their respective heirs, successors, representatives, and assigns. The waiver or failure to enforce any breach or provision of this Agreement shall not be considered a waiver of that or any other provision in any subsequent breach thereof.  If any provision or clause is held invalid, the remainder of the Agreement shall not be affected.  Any notice required to be given under this Agreement shall be in writing and sent to the contact information included herein.  This Agreement may be signed in one or more counterparts, each of which is an original, but taken together constitute one in the same instrument. Execution of a digital signature shall be deemed a valid signature.
  20. IF FOR ANY REASON, IT BECOMES NECESSARY TO BRING SUIT AT LAW AGAINST RENTER AND/OR GUEST CONCERNING ANY DEFAULT IN THE TERMS OF THIS CONFIRMATION, THEN THE CONFIRMED RENTER AND/OR GUEST SHALL BE LIABLE FOR ALL THE COSTS OF SUCH SUIT, INCLUDING REASONABLE ATTORNEY’S FEES INCURRED.