Limited Rental Damage Waiver Addendum

Addendum to Short-Term Vacation Rental Agreement
THIS DOCUMENT IS NOT A CONTRACT OF INSURANCE. This Addendum sets forth the terms of a contractual waiver program offered directly by Panhandle Getaways, LLC to guests. It is not underwritten by an insurance company and is not regulated as an insurance product.

SECTION 1 — DEFINITIONS

As used in this Addendum, the following terms have the meanings set forth below:

Agreement
means the Short-Term Vacation Rental Agreement, including all addenda, to which this Addendum is attached and incorporated.
Authorized Amenities
means fixtures, furnishings, appliances, and personal property located within and forming part of the Rental Unit and expressly listed in the Agreement as amenities available to Guest during the Stay. Authorized Amenities do not include equipment or property rented separately from a third-party vendor (including but not limited to boats, kayaks, paddleboards, surfboards, bicycles, golf carts, electric vehicles, or watercraft), common area facilities, shared resort amenities, or property belonging to neighboring units or owners.
Check-In
means the date and time Guest is authorized by Panhandle Getaways to access the Rental Unit, as stated in the Agreement.
Check-Out
means the date and time Guest is required to vacate and surrender the Rental Unit, as stated in the Agreement.
Eligible Damage
means unintentional, accidental physical damage to the Authorized Amenities within the Rental Unit, arising from Guest activities during the contracted Stay, reported to Panhandle Getaways prior to Check-Out, and determined by Panhandle Getaways in its sole discretion to qualify for as applicable to the Waiver under this Addendum.
Guest
means the individual whose name appears on the Agreement and all other authorized occupants and invitees present at the Rental Unit during the Stay.
Panhandle Getaways
means Panhandle Getaways, LLC, the property management company acting as manager of the Rental Unit on behalf of the property owner.
Rental Unit
means the specific residential dwelling unit identified in the Agreement, unit premises, including interior spaces, and Authorized Amenities therein. The Rental Unit does not include common areas, grounds, shared facilities, adjacent units, or exterior structures not exclusively assigned to the reservation.
Stay
means the period commencing at Check-In and terminating at Check-Out or upon Guest’s departure from the Rental Unit, whichever occurs first.
Waiver Fee
means the non-refundable fee charged to Guest as a condition of the Rental Agreement, the payment of which activates the Limited Rental Damage Waiver under this Addendum.

SECTION 2 — LIMITED DAMAGE WAIVER PROGRAM DESCRIPTION

The Limited Rental Damage Waiver (the “Waiver”) is a contractual program offered by Panhandle Getaways directly to Guest. Subject to the terms, conditions, exclusions, and dollar limits set forth in this Addendum, the Waiver constitutes Panhandle Getaways’ agreement to waive Guest’s obligation to reimburse Panhandle Getaways for specified costs associated with Eligible Damage to the Rental Unit that arise during the contracted Stay.

The Waiver is not a contract of insurance. The Waiver is not intended to replace, and does not substitute for, any insurance policy including but not limited to rental property insurance, liability insurance, or accident insurance.

The Limited Rental Damage Waiver is not travel insurance and provides no protection for trip cancellation, interruption, or delay; expenses incurred due to weather or natural events; missed or canceled transportation; medical or emergency expenses; or baggage lost, damaged, or delayed in transit. Guests seeking protection against travel risks may purchase a separate travel insurance policy.

The Waiver provides no protection for loss of, damage to, or theft of Guest’s personal property, whether inside or outside the Rental Unit.

Panhandle Getaways is not a licensed insurance agency and recommends that you consult a licensed insurance professional to discuss your insurance coverage needs.

SECTION 3 — LIMITED DAMAGE WAIVER FEE AND LIMIT TIERS

The Waiver under this Addendum is activated upon Panhandle Getaways’ receipt of the applicable Waiver Fee and Guest’s Check-In to the Rental Unit. Subject to all conditions, exclusions, and limitations herein, Panhandle Getaways will waive Guest’s contractual obligation to reimburse Panhandle Getaways for Eligible Damages up to the Waiver Limit applicable to the Rental Unit as set forth in your agreement.

Waiver Fee Schedule

The Waiver Fee is mandatory and non-refundable. The Waiver Fee shall not be applied toward any damages owed by Guest and shall not be offset against any other amount due under the Agreement.

The Waiver Limit is the maximum aggregate amount that Panhandle Getaways will waive per reservation for all Eligible Damage occurring during the contracted Stay, regardless of the number of incidents or items damaged. Any costs related to damage in excess of the applicable Waiver Limit remain the sole financial responsibility of Guest.

SECTION 4 — CONDITIONS OF WAIVER

The Waiver applies subject to all of the following conditions, each of which must be satisfied:

  • The Waiver Fee for the applicable tier has been paid in full at or before Check-In.
  • The damage occurred during the period of the contracted Stay.
  • Guest reports the damage to Panhandle Getaways prior to Check-Out, regardless of whether Guest believes the damage is minor or pre-existing. Failure to report damage before Check-Out voids the Waiver with respect to damages, and Guest remains solely responsible for all associated costs per the terms of the Agreement.
  • The damage is to the Authorized Amenities within the Rental Unit, as defined in Section 1.
  • Guest cooperates fully with Panhandle Getaways’ assessment and investigation of the damage, including providing a description of how the damage occurred, photographs if available, and any other information reasonably requested by Panhandle Getaways.
  • Guest has not otherwise violated any material provision of the Agreement.
  • Panhandle Getaways shall have the sole, final, and non-reviewable authority to consider any relevant evidence determine: (a) whether damage qualifies as Eligible Damage under this Addendum; (b) the nature and extent of any damage; (c) the reasonable cost of repair or replacement; and (d) whether any exclusion applies. Panhandle Getaways’s determination shall be final and binding on Guest.
  • There is no Guest financial responsibility for damages directly caused by weather events, natural disasters, flood, lava flow, volcanic eruption, Acts of God or other external phenomena of nature.

SECTION 5 — TERM OF WAIVER; TERMINATION

The Waiver commences at Check-In on the booked arrival date, provided that the Waiver Fee has been received. The Waiver automatically and immediately terminates upon the earlier of:

  • The scheduled Check-Out date and time as stated in the Agreement; or
  • Guest’s actual departure from and surrender of the Rental Unit.

The Waiver does not apply after the Stay has terminated. Any damage discovered by Panhandle Getaways or reported by anyone in the after Check-Out inspection will be treated as the sole financial responsibility of Guest and will not be eligible for Waiver.

SECTION 6 — EXCLUSIONS

The following are expressly excluded from this Waiver and remain the sole financial responsibility of Guest:

  • Damage resulting from gross negligence, wanton or reckless disregard for the property, or conduct that a reasonable person would recognize as creating an unreasonable risk of damage.
  • Damage arising from criminal activity, vandalism, or malicious destruction of property.

Damages discovered after Check-Out that was not reported by Guest prior to departure.

  • Any damage, soiling, staining, odor remediation, or deep cleaning arising from a pet or animal brought to the Rental Unit by Guest, unless the Rental Unit is designated as pet-friendly in the Agreement and the applicable pet fee(s) (if any) are paid.
  • Separate pet fees may apply at pet-friendly properties and do not constitute payment for or replacement of the Waiver.
  • Damage to, staining of, or loss of linens, towels, bedding, or consumable items provided in the Rental Unit.
  • Unauthorized removal of linens, towels, or other property from the Rental Unit.

Damage or costs associated with staff time required to restore furniture to its original configuration which result from Guest’s rearrangement, movement, or removal of furniture or fixtures without prior written approval from Panhandle Getaways.

Additional cleaning charges required beyond the standard departure clean due to the condition in which Guest left the Rental Unit, including but not limited to excessive food waste, bodily fluids, odors, deep stains or debris.

Any cleaning, restoration, or remediation cost arising from smoking of any substance (tobacco, cannabis, e-cigarettes, or otherwise) inside the Rental Unit or in areas where smoking is prohibited.

  • Theft unless Guest files a valid police report identifying the stolen Authorized Amenity property and approximate timeframe and provides a copy of the police report to Panhandle Getaways with damage report.
  • Any Authorized Amenity present in the Rental Unit at Check-In that is missing or unaccounted for at Check-Out. Guest bears the burden of demonstrating the property was not removed or lost during the Stay. Panhandle Getaways reserves the right to charge Guest for reasonable replacement cost for any unaccounted for or missing Authorized Amenities.

Loss of, damage to, or theft of Guest’s personal belongings, luggage, clothing, equipment, vehicles, or any other property owned or brought to the Rental Unit by Guest.

  • Damage to common areas, shared amenities, or any other area outside the Rental Unit premises including but not limited to building exteriors, grounds, hallways, elevators, pools, and parking areas.
  • Damage to neighboring units or property belonging to other guests, owners, or third parties.
  • Damage to any equipment, vehicle, or recreational item that is not an Authorized Amenity of the Rental Unit specified in the Agreement, including but not limited to boats, kayaks, paddleboards, surfboards, bicycles, golf carts, electric vehicles, scooters, or watercraft rented through a third party.
  • Damage to or loss of any equipment provided by a third-party vendor under a separate rental agreement with Guest.

Structural damage caused by Guest - including damages to framing, roof, floors (other than surface finishes), plumbing, electrical, or HVAC systems.

However, pre-existing defects, equipment malfunctions, and system failures not caused by Guest's conduct are neither applied to this Waiver nor charged to Guest. Where causation is disputed, Panhandle Getaways must demonstrate that Guest's conduct proximately caused the structural or mechanical system damage before any charge will be assessed.

Any fines, assessments, penalties, or charges levied against Panhandle Getaways or the property owner by a homeowners association, condominium association, municipality, or other governing authority as a result of Guest’s conduct or violations.

SECTION 7 — GENERAL PROVISIONS

7.1 Incorporation

This Addendum is incorporated into and made a part of the Agreement. In the event of any conflict between the terms of this Addendum and the Agreement, the terms of this Addendum shall control with respect to matters of the Limited Damage Waiver program.

7.2 Non-Waiver

Panhandle Getaways’s election to apply or not apply the Waiver in any particular instance shall not constitute a waiver of Panhandle Getaways’ right to enforce Guest’s obligations in any other instance.

7.3 Severability

If any provision of this Addendum is found to be invalid, unenforceable, or contrary to applicable law, such provision shall be modified to the minimum extent necessary to make it enforceable, and the remainder of this Addendum shall remain in full force and effect.

7.4 Modification

No modification of this Addendum shall be valid unless in writing and signed by an authorized representative of Panhandle Getaways.

7.5 Governing Law

This Addendum shall be governed by and construed in accordance with the laws of the state in which the Rental Unit is located.