15 Replies Latest reply: Jan 9, 2019 2:18 PM by hmmmm RSS

    Rental Agreement

    bulajack Contributor

      Once again, I have guests refusing to sign the Rental Agreement.  It is specifically stated on my listing, that a signed rental agreement is required.  It has been my experience that when this occurs it is usually due to the guests misstating (lying) as to occupancy.  I am going to cancel these bookings.  How badly will HomeAway punish me for doing so? 

        • Re: Rental Agreement
          grant570 Active Contributor

          I can't get anyone to sign an agreement.  I wasn't renting last year, so I skipped a year, the year before had zero issue getting people to sign, this year sometimes I get a reply that they will take care of it, but in general no one is signing.  Maybe if I had electronic docs I would have better luck, but the clientele has definitely changed as to how they are responding.  I think so many people only use their phone now, that they just expect the app to be all inclusive, anything outside of the app is too much trouble....

          • Re: Rental Agreement
            feibus CommunityAmbassador

            Slight punishment.

             

            Are you willing to do a full refund of the guest's deposit?  If so AND if signing the rental agreement is listed as one of your rules, you can petition CS to waive the penalty for cancelling.  Or you can offer the refund to the guest to get the guest to cancel.  Either way, if you're willing to let go of the deposit, there's an easy path around this.

            • Re: Rental Agreement
              margaret CommunityAmbassador

              I have very rarely had any problem getting guests to return the signed RA.

              Rather than canceling yourself, explain to the guest that you will not be able to give access to your home without the signed RA. Explain that they will have to cancel to receive a refund then send them the following instructions.


              cancellation process for travelers

               

              Log into your traveler account

              Click My Trips

              Select the reservation that needs to be cancelled

              Click Request Cancellation

               


                • Re: Rental Agreement
                  bulajack Contributor

                  Margaret, I will be taking your advice.

                   

                  I, too, rarely had this problem until this past year.  I have been renting my vacation condos for over 20 years.  It was much easier when I was allowed to discuss this with my guests through a phone call.  A few months back, I gave a discount based on there being only 2 guests.  When the guest saw that he cold be evicted for exceeding occupancy, he refused to sign the agreement and became extremely RUDE.  Called me vulgar names.  Turns out, his son, his daughter-in-law and their son might stop by and stay 5 nights.  Also, their sons friend.  I told him that both my Insurance Co. and on Island Management Co. required the agreement.  He wanted their phone numbers!  Signed Rental Agreements are required for "Loss of Rental Income"  insurance.  I will not rent without it.

                  • Re: Rental Agreement
                    hmmmm Senior Contributor

                    Bingo

                  • Re: Rental Agreement
                    lljpence Contributor

                    I have a clause in mine that states:

                     

                    MUTUAL ACCEPTANCE OF THIS DOCUMENT     Virtual Signatures

                    In lieu of physical signatures: the parties legally agree to the terms of this Short-Term Rental Agreement, as evidenced by the acceptance of the final quote, and/or receipt of this document via the vacation home rental site or email from Owner, and/or and the processing of the deposit and any subsequent payments. 

                     

                    Haven't had to test it yet.  I wonder why HomeAway doesn't protect it's homeowners by either providing a way to have it signed by the booking guest and or providing a similar viable alternative.  Surely they know the importance of the document to the homeowner's successful continuation of doing business. 

                      • Re: Rental Agreement
                        feibus CommunityAmbassador

                        Won't hold up either for a chargeback or if you have to sue the client.  Sorry.  Need an affirmative action indicating the person actually READ the document and agreed to its clauses.  In fact, if you don't have the guest initial the cancellation clause, they can ignore that when it comes to the chargeback.

                         

                        PLEASE, IANAL, nor do I play one on TV (yet), but I know enough from my one sorry contracts law class and reading stories in the forum here that you're definitely not protected.

                        • Re: Rental Agreement
                          green_mango Active Contributor

                          Will likely be insufficient in the event of a credit card dispute - you need a wet signature or an e-signature.  VRBO has the box to "click to accept" and that's not strong enough either.  I use an e-sign service and it's very easy.

                          • Re: Rental Agreement
                            bulajack Contributor

                            This rental is in the Cayman Islands.  Insurance co. requires physical signatures.  The management company requires the contract plus I.D.  in advance of the arrival date.  It is my experience that guests who cannot comply with this simple requirement, should not be allowed in my home.

                          • Re: Rental Agreement
                            green_mango Active Contributor

                            You can test out the "Cancellation Waiver" for the rest of us owners - supposed to be eligible by calling CS if a guest has booked but indicates via messaging that they will not follow your house rules - the subjective part is I doubt the guest will write to you and say, "I'm not signing your contract" - but if CS approves it then this would allow you to cancel penalty free.  Try it and let us know what CS says - I'm hoping they'll do the right thing and grant a waiver!

                            • Re: Rental Agreement
                              hmmmm Senior Contributor

                              Don't worry about punishment, by HomeAway, your home, your liability and potential damages are way more important.

                              Remember this is your home, your liability and your problem when it goes wrong.


                              Follow your instincts always.