1. Purpose
The Limited Damage Waiver (the “Waiver”) is a customer-service benefit offered on qualifying reservations to cover reasonable repair or replacement costs for certain accidental damage occurring during a Guest’s stay, up to a maximum of $2,000 per reservation. The Waiver is intended to give Guests peace of mind for genuine accidents while protecting the Property and Owner from loss caused by misuse, neglect, or excluded conduct.
Note: The Waiver is not insurance, is not a security deposit, and does not eliminate the Guest’s responsibility for excluded or uncovered loss.
2. Scope and Incorporation
This Policy applies only when the Guest’s reservation expressly includes the Non-Refundable Oceana Resorts Limited Damage Waiver. The Policy is incorporated into the applicable vacation rental agreement and check-in terms by reference. Acceptance of the rental agreement, payment for the reservation, electronic check-in, or occupancy of the rental unit constitutes acceptance of this Policy.
The Waiver applies to the registered Guest and the rental unit identified in the reservation. The registered Guest remains responsible for the conduct of all occupants, invitees, visitors, minors, and animals associated with the reservation.
3. Definitions
Accidental Damage: Sudden, unexpected, and unintentional direct physical damage caused during the stay by an identifiable incident, rather than by age, ordinary use, misuse, neglect, intentional conduct, or an excluded cause.
Guest: The person who booked or accepted responsibility for the reservation, together with all occupants, invitees, and visitors for whose conduct that person is responsible.
Management: Oceana Resorts and the applicable owner, rental management company, employees, contractors, or authorized representatives administering the reservation or evaluating a damage report.
Property: The specific rental unit and its contents. Unless expressly stated otherwise, the term does not include common areas or property owned or controlled by a condominium association, homeowners association, or third party.
Wear and Tear: Deterioration that occurs through age, exposure, repeated rental use, ordinary occupancy, routine cleaning, expected useful-life exhaustion, or minor cosmetic change without a distinct damaging event.
Waiver: The limited contractual waiver of the Guest’s financial responsibility described in this Policy, subject to all conditions, exclusions, and the $2,000 maximum.
4. Eligible Accidental Damage
Subject to all terms of this Policy, Management may waive the Guest’s responsibility for up to $2,000 of reasonable direct repair or replacement cost arising from qualifying Accidental Damage to the interior of the Property. Coverage is limited to one reservation in the aggregate, regardless of the number of incidents, occupants, rooms, or damaged items.
Examples that may qualify when promptly reported and adequately documented include a child accidentally breaking a lamp, an occupant unintentionally damaging a piece of furniture during ordinary use, or an accidental spill that causes permanent damage despite immediate reasonable cleanup efforts. Examples are illustrative and do not guarantee eligibility.
This is distinct from spills, stains, or soiling that a standard turnover clean can resolve, which are excluded under Section 6(I). Whether a spill caused permanent, uncovered damage or a routine cleaning issue is a determination Management makes based on the evidence provided.
5. Conditions of Eligibility
- The reservation must expressly include the Non-Refundable Limited Damage Waiver fee, and all applicable fees must have been paid.
- The damage must occur during the registered occupancy period and result from a specific, identifiable, sudden, accidental, and unintentional incident.
- The Guest must report the incident to the front desk or Management as soon as reasonably possible and, in all cases, before checkout or departure.
- The Guest must provide a truthful account of what occurred and reasonably cooperate with photographs, inspection, access, statements, estimates, or other documentation requested by Management.
- The Guest must take reasonable steps to prevent further damage after the incident, without undertaking unsafe or unauthorized repairs.
- The reservation and occupancy must otherwise comply with the rental agreement, occupancy limits, property rules, and applicable law.
- The damage must not arise from an exclusion in this Policy.
Note: Damage reported after checkout or departure will not qualify, regardless of cause. Report incidents immediately — do not wait until the end of the stay.
6. Exclusions
The Waiver does not apply to any loss, cost, or damage arising from or involving the following, whether directly or indirectly:
A. Conduct, Legality, and Rule Compliance
- Intentional, malicious, fraudulent, reckless, grossly negligent, or criminal conduct; vandalism; fighting; domestic disputes; or conduct undertaken with knowledge that damage was likely.
- Illegal activity; possession, manufacture, sale, or use of illegal drugs; unlawful weapons; prostitution; trafficking; fraud; theft; or any violation of federal, state, or local law.
- Violation of the rental agreement, house rules, resort rules, condominium or HOA rules, posted notices, occupancy limits, age requirements, or instructions from Management.
B. Unauthorized Occupancy and Use
- Parties, events, unauthorized gatherings, excessive occupancy, unauthorized occupants, or unregistered visitors.
- Commercial activity, photography or filming for commercial purposes, construction, crafts, athletic activity, or use of the Property for any purpose other than ordinary transient lodging.
C. Wear, Tear, and Cosmetic Condition
- Ordinary wear and tear; aging; deterioration; corrosion; rust; fading; sun or salt-air exposure; loose hardware; worn finishes; routine maintenance; manufacturing defects; defective installation; pre-existing conditions; or failure of an item at or near the end of its useful life.
- Cosmetic damage that does not impair function and can reasonably be addressed as routine maintenance, including minor scuffs, small scratches, faded finishes, worn caulk, or ordinary marks from normal occupancy.
- Normal laundering, stained or missing linens, towels, bedding, mattress pads, or other consumable or frequently replaced items, except where Management determines that a single qualifying accidental incident caused damage materially beyond expected use.
D. Reporting and Cooperation Failures
- Failure to report the damage before departure, concealment, misrepresentation, delayed reporting that worsens the loss, or refusal to cooperate with investigation or documentation.
E. Missing Property, Keys, and Access Credentials
- Theft, disappearance, missing inventory, unexplained loss, or removal of property, including linens, towels, kitchenware, electronics, furnishings, decorations, or supplies.
- Lost, damaged, copied, or unreturned keys, key cards, wristbands, parking passes, gate devices, remotes, permits, or access credentials.
F. Animals and Pests
Unauthorized animals; animals in a non-pet unit; violation of pet restrictions; animal waste; fleas; pests; scratching; chewing; urine; odor; or damage attributable to any animal. Nothing in this exclusion limits rights required by applicable disability law.
- Bed bugs, insects, vermin, lice, fleas, or pest treatment, unless Management determines from reliable evidence that the condition was directly caused by one isolated accidental incident during the stay.
G. Prohibited Items and Combustion Sources
- Smoking, vaping, marijuana, candles, incense, fireworks, grills, or any prohibited flame, heat, or combustion source, including resulting burns, residue, odors, alarms, or remediation.
H. Plumbing and Water Damage
- Clogged plumbing or disposal of prohibited materials, including grease, wipes, diapers, feminine products, sand, excessive food waste, or foreign objects.
- Water damage caused by leaving doors or windows open, overflowing fixtures, failing to report a leak, disabling equipment, or other preventable conduct.
I. Biohazards, Cleaning, and Remediation
- Biohazard, bodily fluid, blood, vomit, feces, urine, drug residue, needle, hazardous material, or specialized sanitation or remediation costs.
- Excessive cleaning; trash removal; stains, odors, soil, sand, glitter, confetti, dye, paint, cosmetics, food, grease, or other conditions beyond a standard turnover clean. This exclusion does not apply to permanent damage resulting from a qualifying Accidental Damage incident under Section 4 — for example, a spill that permanently damages a surface or fabric despite immediate reasonable cleanup, as opposed to ordinary soiling addressed through routine cleaning.
J. Unauthorized Alterations and Equipment Misuse
- Moving, rearranging, disassembling, or removing furniture, televisions, appliances, fixtures, wall-mounted items, or safety equipment without written authorization.
- Misuse, abuse, improper operation, overloading, or unauthorized repair of appliances, plumbing, HVAC, electronics, locks, furniture, balconies, doors, windows, safes, pools, or other equipment.
- Damage caused by motor vehicles, trailers, boats, golf carts, bicycles, scooters, mobility devices operated improperly, charging equipment, or other personal property.
K. Areas Outside the Rental Unit
- Damage to lobbies, corridors, elevators, pools, pool decks, parking facilities, landscaping, beach access, restaurants, spas, leased premises, association property, neighboring units, or any area outside the interior of the assigned rental unit.
L. Financial and Recovery Limits
- Loss of use, lost rental income, diminution in value, administrative fees, expedited shipping, relocation, substitute lodging, association charges, fines, penalties, legal fees, investigation costs, or other indirect, incidental, special, or consequential loss.
- Any amount exceeding the $2,000 aggregate maximum or any amount recoverable from another person, insurer, platform, security deposit, or source.