No. I · The Checklist
The 14 clauses, in priority order.
Read in this order, not in the order they appear in the contract. The first six clauses cover 80% of the dispute risk.
Clause I
The parties.
Who is contracting with whom. The contract should name the legal entity that owns or manages the property (not a personal name, not a domain), and the guest (the lead renter, named, with passport country and address). Check the entity against the relevant business registry: Companies House, SIRENE, GEMI, the US Secretary of State.
Redline: if the counterparty is a personal name and not a registered entity, ask why. The legitimate independent operators in Europe and the Caribbean run a registered business. The personal-name contracts come with personal-name disputes.
Clause II
The property.
Address, bedroom count, square meters, GPS coordinates if available. The contract should match the listing. A mismatch here (six bedrooms in the listing, five in the contract) is grounds to walk before deposit.
Redline: “the property and equivalent” or “a comparable property in the area” language. Some operators reserve the right to substitute a property of “equivalent standard.” The clause is the manager’s exit when a confirmed booking double-books or the property goes offline. Refuse the substitution language unless the alternative property is named.
Clause III
The dates.
Arrival and departure dates, check-in and check-out times. Confirm the dates exactly match what was agreed. Confirm the times: check-in is usually 4pm, check-out 11am. Earlier check-in or later check-out should be in the contract if negotiated.
Redline: any “subject to property availability” or “late check-in fee” language. The contract should either provide the agreed times or be silent. Open-ended fee language is a future invoice surprise.
Clause IV
The rate and inclusions.
The headline rate, the staff baseline, any included extras (chef nights, transfers, second car), and every inclusion negotiated in writing during the inquiry. Every yes must be in the contract.
Redline: verbal-yes inclusions missing from the contract. If the manager said “two chef nights included” in the email thread, the contract must specify “two chef nights at no charge, Wednesday and Friday, dinner service for up to 12 guests.” The vague version (“chef nights as discussed”) is the disputed version.
Clause V
The exclusions.
What is explicitly not included. The chef, the second car, gratuities, the boat charter, the concierge service. The contract should list the exclusions so there is no future invoice surprise on a service that the guest assumed was bundled.
Redline: “additional charges may apply” without a rate card. Either the rate card is in the contract or the rates are capped at “the manager’s published rates as of the contract date.” Without the cap, the manager can quote $1,500 for a $300 service on the day.
Clause VI
The deposit schedule.
The amount of the deposit, the amount of the balance, the dates each is due, and the accepted payment methods. Industry-standard is 25 to 50% on confirmation, balance 60 days before arrival. Anything outside this band is worth asking about.
Redline: deposit above 50% on confirmation, deposit demanded by wire only, deposit demanded to a personal account. The mechanism matters more than the amount. Card payment or platform escrow are the only buyer-protected routes.
Clause VII
The cancellation policy.
The dates, the refund percentages, the dispute path. The industry-standard is roughly: full refund minus 5 to 10% admin fee outside 90 days, 50% refund 60 to 90 days, no refund inside 60 days. Calendar days or business days should be specified.
Redline: “no refunds, no exceptions” on a non-peak booking. The well-drafted contracts always carry some flexibility before 90 days. Also: the refund mechanism. “Refund as credit toward future stay” is not a refund. Ask for cash refund or move on.
Clause VIII
The force majeure clause.
What happens if external events (hurricane, government restriction, airport closure, pandemic) make the trip impossible. The well-drafted clauses cover named storms in the property location, government travel restrictions affecting either the guest origin or the property destination, and airport closures within 100 km of the property.
Redline: force majeure limited to “acts of war and natural disasters in the property location only.” This excludes hurricane evacuations declared a day before landfall, travel bans, and most COVID-style disruptions. Widen the clause in writing before deposit, or move on.
Clause IX
The security deposit clause.
Amount of the deposit, mechanism (card hold, platform escrow, wire to manager), return window, dispute process. Typical security deposits run $3,000 to $20,000. The return window is 14 to 30 days post-departure.
Redline: security deposit by wire to a personal account. Security deposit with no specified return window. Security deposit with manager-only dispute resolution (“the manager’s decision is final”). All three structures are designed to favor the manager in a contested return.
Clause X
The jurisdiction clause.
The country of dispute, the governing law, any arbitration provision. The clause should name the country where the property sits: Greece for a Mykonos villa, France for Provence, Italy for Tuscany, the US state for a Hamptons rental.
Redline: jurisdiction in Cyprus, the BVI, Delaware on a property that is not there, or arbitration in a country far from both parties. The structure makes any dispute on a $5,000 to $50,000 amount economically irrational to pursue. The legitimate operators in the property country do not need offshore jurisdiction.
Clause XI
The event and pet policies.
Weddings, parties, photo shoots, pets. The contract should specify which are allowed, the approval process, and any fee. Verify even if you are not planning an event; other guests at the property may be planning one in your week.
Redline: “events permitted at the manager’s discretion.” The discretion clause means the manager can host a wedding party next door to your honeymoon week. If the property is in a multi-villa complex, ask explicitly whether other villas in the complex host events during your dates.
Clause XII
The staff and access clauses.
Who has keys, who has property access, when, and under what notice. The housekeeper and pool service have routine access. The manager may have emergency access. Owners should never have access during the rental without explicit guest consent.
Redline: “the owner reserves the right to access the property for inspection.” The clause turns a rental into a hotel room. Demand written notice for any non-emergency access, 24 hours minimum, and the right to refuse non-emergency access during the stay.
Clause XIII
The indemnity and insurance clauses.
What you are responsible for, what the owner is responsible for, what insurance coverage exists. The guest is responsible for damage caused by the guest party. The owner is responsible for property maintenance, including pool, AC, kitchen equipment, and structural items. Both parties should carry insurance.
Redline: indemnity language that makes the guest responsible for “all losses, costs, and damages of any kind” without qualification. The qualifier matters: “caused by the guest party’s acts or omissions” is the standard. The unqualified version makes the guest responsible for a kitchen fire caused by a faulty stove.
Clause XIV
The negotiated items, in writing.
Every inclusion, every concession, every adjustment negotiated during the inquiry must appear in the contract before the deposit clears. Verbal yeses do not survive disputes. The chef nights, the transfers, the second car, the security deposit reduction, the pet fee waiver.
Redline: “additional inclusions as agreed in correspondence.” The clause references the email thread but does not embed the terms. In a dispute, the manager argues the “correspondence” was unclear. Demand the items listed in the contract itself, by name, with the no-charge designation where applicable.