PREMISES (PROPERTY)
1) This Lodging Agreement (hereinafter “Agreement”) must be signed by Guest identified above and returned to Owner within ten (10) days from the date hereof or Owner reserves the right to cancel Agreement. Please return signed copy to the Reservation Office on this Agreement upon receipt.
2) Person signing Agreement must be a responsible adult 21 years of age or older and must be the person to check-in, or Owner has the right to refuse occupancy and treat this reservation as a cancellation and retain deposit. The Guest must occupy the Property during the entire rental period and shall be responsible for all occupants on the premises. The occupancy shall not exceed 32 guests.
3) Guest agrees that this Agreement may not be assigned or the Property may not be sublet for any reason. Pets and smoking are strictly prohibited on premises. Violation of these provisions shall be grounds for immediate eviction.
PAYMENTS:
1) A 50% Deposit must accompany signed Agreement or Agreement is considered null and void.
2) A $500 Security Deposit will be assessed to all rental rates an will be refund if property is returned to owner in pre-rental condition.
3) Balance of Total Amount Due must be made in full 30 days prior to check-in date. Guests shall not be entitled to possession of property unless all monies are paid to Owner.
4) Personal checks will be accepted for final payment only if received at least 30 days prior to check-in. Any checks returned to Owner’s bank will not be re-deposited. Guest will be notified of the amount to be sent, which will include a $30.00 fee and will have 72 hours to replace the check with a money order or certified check or the reservation will be immediately cancelled.
CANCELLATION POLICY:
1) The reservation will be in effect upon receipt of deposit and the cancellation policy will apply at that time.
2) There is a no cancellation policy 60 days prior to your arrival and no refunds will be issued. If it is necessary to cancel your reservation prior to 60 days before your check-in date we will make every effort to rent the home for the time specified. If the house is re-rented, your deposit will be returned to you minus 20% of rental rate. If the property is not re-rented for the full amount, the rental deposit will be forfeited.
3) There will be no refunds for inclement weather, including hurricanes, or for activities beyond the control of the Owner. THERE ARE NO EXCEPTIONS TO THIS POLICY.
LODGING TERMS: IT IS MUTUALLY AGREED AND ACKNOWLEDGED BY THE PARTIES TO THIS AGREEMENT THAT:
1) Guest is granted a non-exclusive revocable license for the use of the property during the reservation period. Owner may have access to the property at any reasonable time or in the event of an emergency, at their sole discretion for the purpose of inspection, maintenance or repairs.
2) Owner may terminate this Agreement and remove Guest at any time if, at the sole discretion of Owner, Guest becomes objectionable, violates any of the terms of this Agreement, violates any rules and regulations of the Property or any City Ordinances. Guest agrees to immediately vacate the Property without refund and Owner shall not be liable for any damages including, without limitations, incidental and consequential damages.
3) No relation to Landlord/Tenant shall exist or be deemed to exist by virtue of this Agreement or Guest’s occupancy of the Property hereunder.
4) This Agreement shall be governed by the laws of the State of Delaware. The parties hereto agree that any action brought by either party arising out of this Agreement, or to enforce this Agreement shall be brought in Sussex County, Delaware. The parties hereto each specifically waive any venue, except as set forth above.
5) Owner reserves the right to cancel this Agreement at any time prior to Guest taking occupancy of the Property. If for any reason whatsoever, Guest is denied access to subject Property, and is thus unable to take possession thereof by the time prescribed, Owner’s liability shall be limited to the return to Guest of all monies paid on account. Guest hereby agrees to hold and save harmless Owner, from damages or injuries to persons or property by reason of any cause whatsoever either in or about the Property or elsewhere.
6) Owner and Guest do hereby agree that this Agreement is excluded for the Delaware Residential Landlord Tenant Code and do hereby agree instead that the subject property in this Agreement is Transient Lodging as defined in Title 25, DEL Code, Section 5102, 4.
DAMAGES:
1) Guest agrees to surrender possession of the Property, at the expiration of this Agreement, peaceably and without delay, clean and in as good or the same condition as at the commencement of occupancy, reasonable wear and tear expected. Guest is financially responsible for any damage inflicted on the Property during this stay. Any pre-existing damage must be reported in writing to Owner or Agent by Guest within twenty-four (24) hours of taking occupancy. Owner and/or Agent shall have the right to inspect and make repairs to the Property during the lodging period and will inspect the Property at the conclusion of this Agreement. If the Property becomes uninhabitable by reason of fire or other casualty not caused by the negligence of Guest, his or her family, or his or her guests, the Agreement hereunder shall be terminated and Guest shall be entitled to a pro-rata refund from the Owner. Guest agrees to pay any excessive housekeeping fee (to be deducted from Security Deposit) if property is not left in the following condition:
(a) Clean all dishes and cooking utensils and put them in proper place;
(b) Remove all food from refrigerator and trash from property;
(c) Leave furniture arranged as it was found;
(d) Check all drawers and closets for Guest’s items;
(e) Turn off all lights, close and lock all windows, doors and sliding doors when leaving; and
(f) Return all keys to check-in office or Lock Box and vacate property by 10:00 am.
Guest is responsible for the Property until all keys are returned to designated check-
in office or Lock Box.
2) Guest will be charged for any unnecessary maintenance calls. Toilets shall not be used for any purpose other than that for which they were constructed and no sweepings, sanitary products, diapers, rubbish, rags or garbage shall be placed therein. Any sewage line clog caused by abuse of Guest shall be repaired at the expense of the Guest. Guest will reimburse Owner for any damage caused by escape or overflow of water.
RULES AND RESTRICTIONS:
1) Check-in time is 3:00pm and Check-out time is 10:00am at Property, unless otherwise noted on this Agreement or agreed upon by owner and guest prior to arrival. If Guest fails to Check-out by 10:00am, Guest will be charged $50 for the 1st half hour and $1 per minute until Guest has vacated Property. Property is cleaned between 10:00 am to 3:00 pm between confirmed reservation periods.
2) Guest shall not be entitled to any refund, reduction of rent or rebate for inoperative appliances or other deficiencies. Upon prompt notification by Guest, Owner will make every effort to have such appliances, or other items promptly repaired or corrected. Replacement or repair of TV and other media equipment, microwaves, and telephones cannot be guaranteed.
3) The Property shall not be used for any illegal activity, commercial purposes or for any activity or purpose that is in violation of any regulation, or other requirement of any governmental authority having jurisdiction over the Property.
4) Guest acknowledges and agrees to abide to any Municipalities that have adopted a Noise Control Ordinance that makes it unlawful to cause or permit noise levels which exceed those established by the local municipality. It shall be violation of this Agreement and ground for immediate eviction if these noise levels are exceeded as a result of Guest’s activity on the Property. Municipalities may have other noise ordinances that are civil or criminal offences if violated.
5) Guest agrees to abide by the building’s rules and regulations. No barbecue-type cooking is permitted on balconies, porches or decks.
6) The Property shall not include (unless otherwise noted) linens, blankets, towels, soap, paper products, radios, clocks or hangers. If a phone is provided, long distance calls must be made by credit card or calling card. It is prohibited to accept collect calls. If long distance calls are charged to the Property, Guest will be charged a $15.00 billing fee in addition to the toll charges.
7) Guest is not allowed to keep pets on premises, unless otherwise noted on this agreement. Violation of this covenant shall be grounds for immediate eviction of the guest.
8) There will be a $50.00 fee for lockouts during the hours the office is closed, payable immediately when the Guest is admitted to Property.
9) Guest’s belongings left in the Property after the Property is vacated may be disposed of by the Owner in any manner without liability. Owner will make every effort to return belongings to guest – at guest’s expense. Owner is not responsible for theft.
10) Guest agrees not to park in parking lot located on the east (beach side) of property, unless otherwise noted in this agreement. Guest will be charged $50 per occurrence if found to violate this policy.
11) Smoking and pets are strictly prohibited inside the unit. You will be charged a damage deposit of $500 so that we can have the home professionally filtered and cleaned if we find evidence of smoking or pets within the home.
12) No representation, agreement, undertaking or promises, whether oral, implied or inferred has been made by Owner unless expressly stated herein.
