For the purpose of the below contract, the Property Manager will be referred to as PM. I (WE), the undersigned, renting the above named property for vacation or recreational purposes, agree to the following conditions:
1. I (WE) are responsible for full payment for the entire rental period; a 50% Deposit being due with the return of this Agreement, and the Balance being due 60 days prior to occupancy. If paying by credit card and final payment is not received 60 days prior to occupancy the credit card on file will be automatically billed. Payments must be made by check, money order, travelers check, or VISA and MasterCard credit cards.
2. Reservation is not confirmed until the Rental Agreement has been returned and the Deposit cleared.
3. Failure to make payments when due will result in cancellation of this Agreement.
4. If I (WE) cancel our reservation more than 60 days prior to the occupancy date, the deposit is fully refundable minus a $250 cancellation fee and 4% credit card processing fee. If I (WE) cancel 60 days or less prior to the occupancy date, the PM will make every attempt to re-book MY (OUR) Reservation. If the PM re-rents the property for the week of MY (OUR) reservation at full price, I (WE) will receive 100% of the deposit back minus the $250 cancellation fee and 4% credit card processing fee (if applicable). If necessary, the PM may re-rent the property for the week of MY (OUR) reservation at a discounted rate in order to secure a last minute reservation. In this case, I (WE) will receive a refund based on this newly discounted rate minus a 4% cc processing fee and the $250 cancellation fee. If the PM is unable to re-rent the property for the week of MY (OUR) reservation and the cancellation occurred 60 days or less prior to the occupancy date, the deposit is non-refundable.
5. If I (WE) do not personally inspect the premises prior to signing this Agreement, I (WE) agree to accept the rental property upon arrival, provided it meets the basic description as listed on the web site. In addition, I (WE) agree that we will not be entitled to a refund or rent money, nor relocation to another property, and will have no claim or recourse against the PM, provided the Property remains in habitable condition during the rental period.
6. Owner/ Owner's Agent may enter premises immediately in the event of an emergency or to perform necessary repairs and/or maintenance. Owner/Owners agent may also enter the premises with 24 hours notice for normal maintenance or to show a prospective future renter or buyer should the property become available for sale.
7. Occupancy (including children, infants and visitors) is not to exceed the published maximum occupancy. If more than the maximum number is found to be occupying the leased property, I (WE) agree that a charge of $200.00 per person per day will be made to MY (OUR) credit card or deducted from MY (OUR) damage deposit. Additionally, this Agreement may be immediately terminated without refund at the discretion of the Property Manager if the maximum occupancy is exceeded.
8. NO SMOKING on the property– NO EXCEPTIONS (this means inside and outside the property.)
9. I (WE) shall be responsible for all damage or breakage and/or loss to the premises that I(WE) cause, except normal wear and tear and unavoidable casualties which may result from Occupancy. I (WE) acknowledge any loss and/or damage to the Unit that I (WE) cause will result in a charge to MY (OUR) credit card.
10. The PM will make reasonable efforts to repair in a timely manner any damages or notable conditions reported by the Tenant that affect Tenant’s use and enjoyment of the Property.
11. The property will be left in the same good and habitable condition. Any damages or notable conditions found upon arrival will be reported to the PM within twelve (12) hours of Occupancy. The PM shall provide utilities, furniture and fixtures, linens and towels and other basic amenities contained in the description listed on the website as of the date of this agreement.
12. Prior to vacating Unit, Tenant is responsible to remove all trash and recyclables, ensure all dishes and cookware are clean, and return any furniture that was moved to its original position.
13. Neither the PM nor Owner shall be liable to Tenant, Tenant's guests or invitees or any other person for any injury, loss, or damage to any person or property on or about the premises. Tenant shall hold Owner and the PM harmless and indemnify and defend Owner and the PM from and against all loss or damage occasioned by the use or misuse or abuse of any part of the premises and from or against any omission, neglect, or default of Tenant, or Tenant’s guests or invitees.
14. This Agreement may not be assigned or the property sublet, and is for Tenant's use only.
15. NO PARTIES AT ANY TIME – this contract defines a party as any combination of the following; ANY loud noise and/or excessive drinking that is disruptive to neighboring houses and/or guests outnumbering the maximum amount permitted as defined in item #7 above. I (WE) agree that a party, as defined in this agreement, will result in a $1,000 charge to MY (OUR) credit card and an immediate eviction from the property with no refund given under any circumstance. Any exceptions to the No Party Clause must be approved by the Property Manager in writing prior to the arrival date.
16. GOOD NEIGHBOR CLAUSE: There is an additional non refundable pet fee of $150 per pet. This applies to all pets brought onto the property, including pets brought onto the property by visiting guests of the tenant for any amount of time. If I (WE) chose to bring our pet, I (WE) are responsible for controlling excessive noise caused by the pet (i.e. constant loud and uncontrolled barking). The agent/owner will notify us with a warning upon the first complaint by a neighbor. At this point, I (WE) agree to take every reasonable measure to control the noise problem (i.e. close windows and doors and do not leave pet unattended at any time). Additional complaints will result in an early termination of the rental contract with no refund given. In addition, I (WE) agree to clean up and properly dispose of all pet waste before departing the property. Failure to do so will result in an ADDITIONAL $150 clean up fee charged to MY (OUR) credit card.
17. Rental Rate: The undersigned acknowledge that the PM rental rates are established in the sole discretion of the PM and determined using various criteria, including but not limited to comparable vacation rental rates in the area of the subject property, square footage, year built/remodeled, condition of the property, proximity to the beach and/or local attractions, and available amenities. The undersigned further acknowledge and agree that there shall be no adjustments to the rental rate or partial refunds due to any perception of the undersigned that the rental value is not commensurate with the rental rate established by the PM.
18. I (WE) acknowledge that the PM reserves the right to offer discounted rates on all properties based on ever changing market conditions and availability. If the rental rate of the property that I (WE) have chosen to reserve is discounted after I (WE) confirm our reservation, I (WE) will not be entitled to any type of discount of the original rental rate agreed on as per page one of this contract.
19. I (WE) acknowledge that it is MY (OUR) responsibility to thoroughly read the list of amenities and property description provided by the PM for the property I (WE) have chosen to rent. I (WE) acknowledge that the PM has posted a detailed property description and complete list of amenities on their website Assumptions made on MY (OUR) part and/or failure to read the property description and/or list of amenities will not result in a refund under any circumstances.
20. I (WE) acknowledge that the PM has provided a complete address to the home I (WE) have chosen to rent on page 1 of this rental contract. I (WE) acknowledge that with this information, I (WE) can research the local area for any and all factors that may be relevant during MY (OUR) stay. Any and all instances related to occupying a home in a suburban area will not result in a refund under any circumstances. Examples of this include (but are not limited to): local traffic conditions, neighborhood construction, city/utility maintenance, and proximity to surrounding homes and businesses.
21. Lessor shall not be entitled to cancel the reservation with less than 60 days notice unless the property becomes unavailable because of property sale, fire, mandatory evacuation, eminent domain, construction delays, lack of utilities, or act of nature. Upon cancelation by Lessor, Lessor will refund all funds received to date from Lessee within three (3) business days of notice of cancellation.
22. ONLY APPLICABLE FOR PROPERTIES WITH HOT TUBS I (WE) acknowledge that upon our arrival, it is MY (OUR) responsibility to inspect and insure that any and all sand from previous guests has been removed from the hot tub by the management company prior to MY (OUR) arrival. If there is sand in the hot tub upon MY (OUR) arrival, it is my responsibility to alert the management company within 24 hours of my arrival date to insure that I (WE) are not held accountable. Furthermore, it is MY (OUR) responsibility to insure that all guests in MY (OUR) party do not bring sand into the hot tub by any means. I (WE) understand that upon check out, the hot tub will be inspected for sand and if found, will result in a charge of $300 to MY (OUR) credit card.