Terms & Conditions
Effective Date: June 6, 2025 · Last Updated: June 6, 2025
Welcome to Beachy Keen Vacations ("Company," "we," "us," or "our"). These Terms & Conditions ("Terms") constitute a legally binding agreement between you ("Guest," "User," "you," or "your") and Beachy Keen Vacations, a vacation rental management company operating in North Myrtle Beach, South Carolina. By accessing or using our website at beachykeenmb.com (the "Site"), booking a property, or using any of our services, you acknowledge that you have read, understood, and agree to be bound by these Terms in their entirety. If you do not agree with any part of these Terms, you must immediately discontinue use of the Site and our services.
1. Acceptance of Terms
By accessing, browsing, or using this Site or any services provided by Beachy Keen Vacations, you represent and warrant that you are at least 18 years of age, have the legal capacity to enter into binding contracts, and agree to comply with these Terms. Your continued use of the Site after any modifications to these Terms constitutes acceptance of those modifications. We reserve the right to update, change, or replace any part of these Terms at our sole discretion by posting updates on our Site. It is your responsibility to check this page periodically for changes.
2. Booking, Reservations & Payment
All bookings made through the Site are subject to availability and confirmation by Beachy Keen Vacations. A reservation is not confirmed until you receive a written confirmation (email or on-screen confirmation with a confirmation code) from us. We reserve the right to decline or cancel any reservation at our sole discretion for any reason, including but not limited to pricing errors, system malfunctions, suspected fraud, or violations of these Terms.
Payment is processed through Authorize.net, a third-party payment gateway. By submitting payment information, you authorize us to charge the applicable amounts to your provided payment method. You acknowledge that payment processing is subject to the terms and conditions of Authorize.net and your card issuer. Beachy Keen Vacations is not responsible for any errors, delays, or failures in payment processing caused by Authorize.net, your financial institution, or any other third-party payment processor.
Pricing displayed on our Site is generated dynamically through our property management system (Hostaway) and may be subject to change without notice. While we make every reasonable effort to ensure pricing accuracy, we are not responsible for pricing errors caused by software glitches, system synchronization delays, data feed interruptions, or other technical malfunctions. In the event of a pricing error, we reserve the right to cancel the reservation, offer you the corrected price, or provide a full refund of any amounts paid.
Deposits, split payments, and balance collection schedules are determined at the time of booking. Failure to make timely payments may result in cancellation of your reservation without refund of any prior payments made.
3. Cancellation & Refund Policy
Cancellation policies vary by property and rate plan and will be disclosed during the booking process. Unless otherwise stated, all cancellations must be made in writing (via email or through our Guest Portal). Refunds, if applicable, will be processed to the original payment method and may take 5–10 business days to appear on your statement. Beachy Keen Vacations reserves the right to retain processing fees, administrative fees, and any non-refundable deposits as outlined during the booking process.
In cases where a refund is issued due to a system error, software glitch, or third-party service failure, the refund amount shall be limited to the actual amount charged to the Guest. Beachy Keen Vacations shall not be liable for any consequential, incidental, or indirect damages arising from cancellations or refund delays.
4. Guest Conduct & Property Rules
Guests are expected to treat all rental properties with care and respect. You agree to abide by all house rules, community regulations, HOA rules, and local ordinances applicable to the property during your stay. Violations may result in immediate termination of your stay without refund and may subject you to additional charges for damages, fines, or penalties.
You are responsible for the actions of all members of your party, including children, guests, and invitees. The registered Guest assumes full liability for any damage, loss, theft, excessive cleaning requirements, or disturbances caused during the rental period. Beachy Keen Vacations reserves the right to charge any additional costs to the payment method on file.
Unauthorized events, parties, gatherings exceeding the posted maximum occupancy, and illegal activities are strictly prohibited. Smoking is prohibited inside all properties. Violations of this section may result in eviction, forfeiture of all rental fees, and pursuit of legal remedies.
5. Pet Policy
Certain properties are designated as pet-friendly. If you book a pet-friendly property and bring a pet, you agree to pay all applicable pet fees as disclosed during the booking process. You are solely responsible for your pet at all times. Pets must not be left unattended in the property, must be kept on a leash in common areas, and must not cause damage, disturbance, or unsanitary conditions. You are liable for all damage, stains, odors, excessive cleaning, and any fines or complaints caused by your pet. Failure to disclose pets or bringing pets to a non-pet-friendly property may result in immediate eviction, forfeiture of all rental fees, and additional cleaning/damage charges.
6. Property Conditions & Maintenance
Beachy Keen Vacations strives to maintain all properties in excellent condition. However, properties are privately owned residences and may experience wear, maintenance issues, or equipment malfunctions. We do not guarantee that all amenities, appliances, fixtures, or systems (including but not limited to HVAC, Wi-Fi, hot tubs, pools, elevators, cable/streaming services, and smart home devices) will be operational at all times during your stay. We will make commercially reasonable efforts to address reported issues promptly, but we are not liable for temporary interruptions or malfunctions.
You agree to report any pre-existing damage or issues upon arrival. Failure to report existing damage within 24 hours of check-in may result in you being held responsible for such damage.
7. Breezeway Platform & Property Operations
Beachy Keen Vacations uses the Breezeway platform ("Breezeway") for property operations, including but not limited to work order management, property inspections, maintenance coordination, cleaning scheduling, and task management. By using our services, you acknowledge and agree to the following:
- Breezeway is a third-party platform operated by Breezeway, Inc. and is subject to its own terms of service and privacy policy. Beachy Keen Vacations is not responsible for Breezeway's performance, availability, data handling, or any errors, omissions, or malfunctions within the Breezeway platform.
- Information you provide (including but not limited to contact details, stay information, property access codes, and maintenance requests) may be shared with and processed through the Breezeway platform to facilitate property operations and guest services.
- Beachy Keen Vacations shall not be liable for any delays, errors, missed tasks, scheduling conflicts, or service disruptions caused by or attributable to the Breezeway platform, including but not limited to failures in work order routing, notification delivery, inspection reporting, or cleaning verification.
- Property condition reports, inspection checklists, and maintenance records generated through Breezeway are for internal operational purposes. While we use these tools to maintain quality standards, we do not guarantee that every item on an inspection checklist will be in perfect condition at all times.
- Any communications, notifications, or alerts sent through the Breezeway platform (including guest communications, task assignments, or status updates) are governed by Breezeway's systems and delivery mechanisms. We are not responsible for failed, delayed, or undelivered notifications originating from the Breezeway platform.
8. Third-Party Services & Software
Our Site and services integrate with and rely upon various third-party platforms, software, and service providers, including but not limited to: Hostaway (property management and booking engine), Authorize.net (payment processing), Breezeway (property operations), PostHog (analytics), hCaptcha (security verification), Supabase (data infrastructure), Google (fonts, maps, and analytics), and various channel partners. These integrations are essential to our operations but are beyond our direct control.
YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT BEACHY KEEN VACATIONS SHALL NOT BE LIABLE FOR ANY DAMAGES, LOSSES, COSTS, OR EXPENSES (INCLUDING BUT NOT LIMITED TO LOST PROFITS, BOOKING ERRORS, DOUBLE-BOOKINGS, PRICING INACCURACIES, DATA LOSS, PAYMENT PROCESSING FAILURES, UNAUTHORIZED CHARGES, OR SYSTEM DOWNTIME) ARISING FROM OR RELATED TO:
- Software bugs, glitches, errors, or malfunctions in any third-party platform or service;
- Interruptions, outages, or unavailability of third-party services;
- Data synchronization delays or failures between integrated systems;
- Errors in pricing, availability, or calendar data transmitted by third-party booking engines or channel managers;
- Security breaches, data leaks, or unauthorized access originating from third-party platforms;
- Changes to third-party APIs, terms of service, or functionality that affect our services;
- Any acts or omissions of third-party service providers, their employees, agents, or contractors.
Your use of our Site and services constitutes your acknowledgment that technology-based services may experience interruptions, errors, and failures, and that Beachy Keen Vacations provides its services on an "as is" and "as available" basis with respect to third-party integrations.
9. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, BEACHY KEEN VACATIONS, ITS OWNERS, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AFFILIATES, PROPERTY OWNERS, CONTRACTORS, AND SERVICE PROVIDERS (COLLECTIVELY, THE "BEACHY KEEN PARTIES") SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, BOOKINGS, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR IN CONNECTION WITH:
- Your use of or inability to use the Site or our services;
- Any property stay, including personal injury, illness, property damage, theft, or loss of personal belongings;
- The conduct or actions of any third party, including other guests, property owners, neighbors, contractors, or service providers;
- Any unauthorized access to or alteration of your data or transmissions;
- Software errors, system failures, or technical malfunctions of any kind;
- Acts of God, natural disasters, severe weather, pandemics, government actions, or other events beyond our reasonable control;
- Conditions at or surrounding the property, including but not limited to construction noise, wildlife, insects, beach conditions, water quality, or environmental factors;
- Any content, information, or materials posted or transmitted through the Site.
IN NO EVENT SHALL THE TOTAL LIABILITY OF THE BEACHY KEEN PARTIES TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR YOUR USE OF THE SERVICES EXCEED THE TOTAL AMOUNT PAID BY YOU TO BEACHY KEEN VACATIONS FOR THE SPECIFIC RESERVATION GIVING RISE TO THE CLAIM. THIS LIMITATION APPLIES REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR OTHERWISE.
10. Assumption of Risk
You acknowledge that vacation rentals, beach activities, and travel involve inherent risks, including but not limited to risks associated with water activities, sun exposure, stairs and elevated structures, swimming pools, hot tubs, balconies, outdoor grills, wildlife encounters, and unfamiliar environments. You voluntarily assume all such risks and agree that the Beachy Keen Parties shall not be liable for any injury, illness, death, or property damage resulting from these inherent risks.
Properties may contain amenities and features that could pose risks if used improperly, including but not limited to pools, hot tubs, decks, stairs, kitchen appliances, fireplaces, and outdoor equipment. You are responsible for supervising all members of your party, including children, at all times.
11. Indemnification
You agree to indemnify, defend, and hold harmless the Beachy Keen Parties from and against any and all claims, liabilities, damages, losses, costs, and expenses (including reasonable attorneys' fees and court costs) arising out of or in any way connected with: (a) your access to or use of the Site or services; (b) your violation of these Terms; (c) your violation of any applicable law or regulation; (d) your violation of any rights of a third party; (e) any damage to any property or injury to any person caused by you or members of your party; (f) any dispute between you and a third party; or (g) your negligence or willful misconduct. This indemnification obligation shall survive the termination of these Terms and your use of our services.
12. Disclaimer of Warranties
THE SITE AND ALL SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY. THE BEACHY KEEN PARTIES EXPRESSLY DISCLAIM ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.
We do not warrant that: (a) the Site or services will be uninterrupted, timely, secure, or error-free; (b) the results obtained from the use of the Site or services will be accurate or reliable; (c) the quality of any products, services, information, or other material obtained through the Site will meet your expectations; or (d) any errors in the Site or services will be corrected.
Property descriptions, photographs, amenity lists, and other content on the Site are provided for general informational purposes and may not reflect the current or exact condition of the property. Furnishings, décor, and amenities may change without notice.
13. Force Majeure
Beachy Keen Vacations shall not be liable for any failure or delay in performance of its obligations under these Terms resulting from causes beyond its reasonable control, including but not limited to: acts of God, natural disasters (hurricanes, floods, earthquakes, tornadoes), fire, epidemics, pandemics, government orders or restrictions, war, terrorism, civil unrest, labor disputes, power or internet outages, software or hardware failures of third-party providers, cyberattacks, supply chain disruptions, or any other event beyond our reasonable control (each a "Force Majeure Event").
In the event of a Force Majeure Event, we may, at our sole discretion, cancel reservations, offer alternative accommodations, provide credit for future stays, or issue partial or full refunds. We shall not be obligated to provide compensation beyond the actual amounts paid by the Guest for the affected reservation.
14. Intellectual Property
All content on this Site, including but not limited to text, graphics, logos, images, photographs, video, audio, software, and design elements, is the property of Beachy Keen Vacations or its licensors and is protected by copyright, trademark, and other intellectual property laws. You may not reproduce, distribute, modify, display, perform, or otherwise use any content from this Site without our prior written consent. Unauthorized use of our intellectual property may subject you to civil and criminal penalties.
15. Guest Portal & User Accounts
Certain features of our Site, including the Guest Portal, Owner Portal, and Staff Portal, require account registration. You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You agree to notify us immediately of any unauthorized use of your account. Beachy Keen Vacations shall not be liable for any loss or damage arising from your failure to protect your account credentials.
16. Property Owner Terms
Property owners partnering with Beachy Keen Vacations agree to maintain their properties to the standards set forth in their management agreement. Owners are responsible for ensuring their properties comply with all applicable local, state, and federal laws, regulations, building codes, and safety requirements. Management agreements between Beachy Keen Vacations and property owners detail the specific terms of the partnership and supersede any conflicting provisions in these Terms.
17. Dispute Resolution & Governing Law
These Terms shall be governed by and construed in accordance with the laws of the State of South Carolina, without regard to its conflict of law provisions. Any dispute, controversy, or claim arising out of or relating to these Terms or your use of our services shall be resolved exclusively in the state or federal courts located in Horry County, South Carolina. You irrevocably consent to the personal jurisdiction and venue of such courts and waive any objection to the convenience of the forum.
Before initiating any legal proceeding, you agree to first attempt to resolve the dispute informally by contacting us. If the dispute is not resolved within thirty (30) days of your written notice to us, either party may pursue legal remedies.
TO THE EXTENT PERMITTED BY LAW, YOU WAIVE ANY RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION AGAINST BEACHY KEEN VACATIONS.
18. Communications & Electronic Consent
By providing your email address and/or phone number during the booking process, you consent to receive electronic communications from Beachy Keen Vacations, including booking confirmations, pre-arrival information, check-in/check-out instructions, promotional offers, and operational communications. You may opt out of marketing communications at any time, but transactional and operational communications related to active reservations cannot be opted out of.
19. Severability
If any provision of these Terms is found to be invalid, illegal, or unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect. The invalid provision shall be modified to the minimum extent necessary to make it valid and enforceable while preserving its original intent.
20. Entire Agreement
These Terms, together with our Privacy Policy and any specific terms presented during the booking process, constitute the entire agreement between you and Beachy Keen Vacations with respect to the subject matter hereof and supersede all prior or contemporaneous communications, proposals, and agreements, whether oral or written.
21. Contact Information
If you have any questions about these Terms, please contact us at:
Beachy Keen Vacations
North Myrtle Beach, SC
Email: info@beachykeenmb.com
Website: beachykeenmb.com