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Tower 17 Properties Damage Waiver Program

Tower 17 Properties and Management Property Damage Waiver Program (“PDW”, “PDW program, or the “program”) protects guests (“covered guests”) from the potential high costs of damages to the Tower 17 Property in which they are staying. (the “premises”).

The PDW is not insurance and does not provide liability coverage. However, if the premises sustains damage, Tower 17 properties 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 Tower 17 Properties in order to avoid shifting the risk of qualified damage to the Covered Guest.

The PDW program is active for each reservation when the covered guest opts to pay the damage waiver fee instead of paying a refundable security deposit for that reservation.

This Damage Waiver Fee is calculated as follows and is assigned by Tower 17 Properties and Management based upon property rental value:

  • $99 Damage Waiver = $500 in Damage
  • $149 Damage Waiver = $1000 in Damage
  • $199 Damage Waiver = $1500 in Damage
  • $299 Damage Waiver = $2500 in Damage

Terms of the 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 of omissions as defined in this document and the reservation agreement for the duration of the Covered guests 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 Tower 17 Properties for all loss of or damage to the Premises and related expenses incurred by Tower 17 Properties 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. intentionacts, gross negligence or willful and wanton conduct by Covered Guest;
    • 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 controls of Covered Guest;
  • C. Any acts that damage the Premises by unauthorized visitors of Covered Guest, per the Rental Agreement;
    • 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;
    • 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 Tower 17 Properties, 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 Tower 17 Properties’ 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 Tower 17 Properties. Tower 17 Properties 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 Tower 17 Properties and Management LLC 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 Owner of Tower 17 Properties has ultimate claim administration authority. Covered Guest and Tower 17 Properties (the “Parties”) shall make a good faith effort to resolve any disputes arising from this Contract. Tower 17 Properties 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.

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 Tower 17 Properties 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 4 levels of damage waivers. This Damage Waiver Fee is calculated as follows and is assigned by Tower 17 Properties and Management based upon property rental value:

  • $99 Damage Waiver = $500 in Damage
  • $149 Damage Waiver = $1000 in Damage
  • $199 Damage Waiver = $1500 in Damage
  • $299 Damage Waiver = $2500 in Damage

 

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 Tower 17 Properties. 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 Tower 17 Properties and/or its insurer(s) in the prosecution of those rights and shall neither take nor permit any action to prejudice Tower 17 Properties’ 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 Tower 17 Properties 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 a property managed by Tower 17 Properties and Management.

(this contract is agreed upon and signed when guests signs the Reservation Agreement)

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