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Lost Colony 372B
Rental Agreement
Guest making the reservation must also occupy the unit during the entire lodging period. Guest must be a financially responsible adult employed full time for a minimum of two years. Misrepresentation of any fact regarding the reservation and above statement will result in cancellation and forfeiture of funds received.
General Terms and Conditions:
PREMISES/DURATION/RATE: Holiday Real Estate, Inc. (Agent) shall provide lodging to the Guest, at the premises for the period and at the rate and fees identified in this agreement. Check-in time is 3:00 p.m.; check-out time is 10:00 a.m. Cleaning and maintenance may not be completed until 6 p.m. Buildings/homeowner associations may charge fees for registration, activities, and/or parking which are in addition to the lodging rate and are the Guest's responsibility. Holiday Real Estate, Inc. has no authority or control over these fees. Parking spaces provided with the premises are limited to one vehicle per space and the size of the parking space. Other arrangements for parking must be made for any vehicle that cannot be accommodated by the parking space(s) provided.
PREMISES: Guest is solely responsible for premise selection. Holiday Real Estate, Inc. makes a reasonable effort to match the needs and wishes of each Guest with available accommodation however, in some instances an accommodation may not meet the Guest's expectations. Guests with special needs or expectations should inspect the accommodation prior to making a reservation or paying the initial payment. Guests making reservations of a property sight unseen must assume a reasonable degree of risk in terms of expectation and satisfaction with the accommodation. If Guest chooses not to inspect the premises prior to paying the deposit, Guest agrees to accept the unit as is upon check-in. Please note that all appliances, equipment, plumbing, electromechanical devices, and other fixtures are subject to malfunction without warning. These devices are not guaranteed; however, reasonable action will be taken to correct a malfunction or failure. Agent may enter the premises for repair or inspection at the Agent's discretion. Guest is responsible for unnecessary service calls. Basic cable TV service provides limited channel selection. Phone, internet, and cable service are not guaranteed. Holiday Real Estate, Inc. has no control or management authority for the pools, pool operation, pool hours, elevators, on-site parking, trash, or other building related matters. Pool and other amenities are not guaranteed.
DURATION/CHECK OUT: All personal items belonging to Guest and occupants must be removed from the premises prior to check-out and guest shall not reenter the premises. All vehicles including boat trailers and other vehicles parked on the parking lot must be removed no later than check-out time and may be subject to towing and fines. Guest shall vacate the premises at the end of the term unless sooner requested to vacate due to violation of restrictions set forth below. Keys, pool tags, parking permits, and other returnable items shall be returned to the office where Guest checked in unless otherwise instructed by Agent. Guest must check out and return all items by 10:00 a.m. on the check-out day. Any key lost may result in lock being re-keyed at Guest's expense. Guest is responsible for the cost to replace any keys, pool tags, parking permits, and other returnable items not returned to the office by 10:00 a.m. on check-out day. If Guest fails to check out or checks out after 10:00 a.m. on the check-out day, Guest authorizes Agent to charge Guest a $50 late check-out fee plus $50 for each 30-minute interval (or portion thereof) Guest is late. Additional charges may apply. Guest authorizes Agent to charge credit card on file for any unpaid balance. Agent does not provide lock-out service. Guest's/Occupant's property left in the premises after the premises are vacated may be disposed of by the Agent in any manner without liability. Returned items require a minimum $65 handling fee plus shipping cost/fees. Owner and Agent are not responsible for theft.
LINENS/PAPER PRODUCTS: Guest must provide linens and paper products. Linen rentals may be added at an additional cost subject to availability. Blankets, paper products, toiletries, and hangers are not provided.
RULES/RESTRICTIONS/REQUIREMENTS: Guest identified above must be a financially responsible adult and will be financially responsible for damage to the property during the Lodging term. The premises must be occupied the full duration by the Guest and all occupants of the premises shall be supervised by Guest. Agent and or Owner may at their sole discretion require all occupants to be a financially responsible adult. Reservations obtained under false pretense will be subject to forfeiture of all monies and Guest may not be permitted to occupy the premises. Guest may not sell, assign, nor sublet all or any part of Guest's interests in this Agreement. Occupancy shall not exceed the number of persons specified for the premises and all occupants shall be identified on the registration form. The premises shall be used for residential purposes only. Guest's use of the premises is for lodging on a temporary and transient basis only. No animals of any type shall be kept or permitted in the premises excluding qualified service animals. Guest acknowledges that a prohibition on animals is not a guarantee that an animal has not been inside the premises or that the premises is free of animal or pet allergens. Occupants shall obey all state, county and municipal laws, ordinances, and regulations. Occupants shall obey all rules and regulations pertaining to the premises. It is the Guest's responsibility to obtain a copy of the building rules and regulations and failure to do so does not constitute an excuse for non-compliance. Guest shall be responsible for the cost of any fines or fees associated with Guest's non-compliance. Guest shall not use the internet access on the premises for violation of any law, regulation, or ordinance, including infringement of copyrighted material. Upon notification of a lawful investigation, Agent shall cooperate with any valid enforcement authority including but not limited to providing Guest's contact information. Occupants shall not cause or allow activities on the premises to disturb neighbors. All appliances, equipment, plumbing, fixtures, and electromechanical devices shall be used carefully and for legitimate purposes only. No alterations, additions, or changes to the premises shall be made. No barbecue type cooking on the premises, including balconies. No alcoholic beverages exceeding 128 ounces per container are permitted on premises. No oversized vehicles on premises; some vehicles/trucks may not fit in designated parking spaces including but not limited to enclosed spaces and garages. All trailers are prohibited on premises and streets. Guest shall close and lock all doors, all windows, and any other access points to the premises when not present at the premises and upon check-out. Occupants shall not cause or allow loud or excessive noise, music, or other sounds to be made in the premises. Ocean City has adopted a Noise Control Ordinance that makes it unlawful to cause or permit noise levels which exceed those established by the Department of Health and Mental Hygiene of the State of Maryland (COMAR 10.20.01). Upon notification that these noise levels have been exceeded as a result of activity on the premises, Guest shall vacate the premises. Ocean City has other noise ordinances, which are criminal offenses if violated.
DAMAGE: The premises shall be vacated at the end of the term in as good order and condition as the premises were in at the start of the term, reasonable wear and tear excepted. Guest shall be liable for damage to the premises or any property therein. Agent may charge Guest an additional cleaning fee for excessive cleaning required by the acts or omissions of any occupant during Guest's stay. Agent may charge Guest a fee up to $1,000.00 for violations of the pet policy. Guest is required to immediately notify Agent of any damage to the premises upon check-in and arrival at the premises.
LIMITED DAMAGE WAIVER: In lieu of a $1,500.00 security deposit Guest elects the limited damage waiver. The Limited Damage Waiver protects the Guest from being charged for any accidental loss or damage that may occur during occupancy up to $1,500.00. The Limited Damage Waiver does not cover damage or loss that is not disclosed. To avoid erroneous responsibility, Guest is required to immediately notify Agent of any damage to the premises upon check-in and arrival at the premises. Prior to, or immediately upon, vacating the premises, Guest must inform Agent if there have been any incidents of loss or damage that have occurred during the occupancy. The Limited Damage Waiver does not replace or negate Guest's responsibility for all persons lodging in or visiting the premises. It does not pay for any act of intentional or negligent destruction, including but not limited to pet damage, re-keying, property damage resulting from motorized vehicle or watercraft use, additional cleaning if the premises is left excessively dirty, or other losses associated with the lodging that may be presented after Guest's occupancy. The Limited Damage Waiver does not cover Guest's belongings and personal property including theft of the same. The Limited Damage Waiver is offered, administered, and funded solely by Agent who is solely authorized to determine the nature, extent, and expense associated with any damage.
If Owner or Agent offers or requires a security deposit in lieu of the Limited Damage Waiver, Guest may obtain a statement on the condition of the premises prior to the occupancy; Guest may be present when Agent inspects the premises to determine if the premises were damaged during the Guest's occupancy; and Guest will be advised orally at check-out, or in writing within 45 days thereafter, if any of the deposit is being withheld for damage to the premises. If Agent withholds any of the security deposit, Agent shall give Guest a written list of the damages claimed, together with a statement of the costs actually incurred.
ORDER TO VACATE: Guest and all other occupants shall vacate the premises promptly upon order of Agent. All occupants who refuse to vacate the premises at the end of the term or upon demand of Agent shall be considered trespassers and subject to arrest and prosecution as such. Occupants who remain in the premises beyond the check-out time modified by the Order to Vacate shall pay Agent $50.00 per 30-minute interval (or portion thereof) beyond check-out time. Agent will charge Guest a $100 fee if an order to vacate is issued. No rental refund will be issued if Guest is ordered to vacate the premises.
CANCELLATION/TRANSFER/REFUND: Failure of Guest to pay Balance Due by due date shall authorize Agent to make the premises available for another Guest and retain all funds. All cancellations are charged 15% of the lodging rate. All transfers are charged a $50 transfer fee. Any cancellation within forty-five days of check-in must re-book at the full rate otherwise the entire payment is forfeited. Terms of this agreement are in effect upon receipt of the initial payment. Signed agreement is not required for enforcement of cancellation policy. Agent reserves the right to cancel this agreement for good cause at any time, in which event Agent's liability, if any, shall be limited to funds received from Guest. Agent shall not be liable for any mechanical failures in the premises including but not limited to appliances, equipment, plumbing, fixtures, and electromechanical devices therein during the occupancy term; however, Agent shall take reasonable action to correct such failures and no refunds will be given. If Guest has not checked in or notified Agent of arrival plans within 24 hours of the arrival date, the reservation may be cancelled, and all monies forfeited. Agent may issue an order to vacate and/or modify this agreement without refund to Guest if Guest intentionally damages the premises or common areas, fails to comply with any provision of the agreement, or Guest is objectionable or presents a reasonable risk of hazard to the property or the neighbors at Agent's sole discretion. Guest's misrepresentation of any fact in connection with this agreement shall entitle Agent to cancel same and retain all funds. No refunds will be given for unavailability of a common amenity including but not limited to swimming pools. The operation of any pool is dependent upon each individual building and weather conditions. No refunds given for inclement weather including but not limited to hurricanes. Cancellation of a Guest planned event or activity in the area is not grounds for an exception to the cancellation policy. Travel insurance premiums are not refundable. In the event of a national emergency Agent reserves the right to alter the cancellation policy without notice to Guest.
TRAVEL INSURANCE: Holiday Real Estate, Inc. DOES NOT PROVIDE REFUNDS FOR ANY REASON other than those outlined in section titled "CANCELLATION/TRANSFER/REFUND." Agent recommends, but does not require, Guest to obtain appropriate and comprehensive travel insurance to mitigate and protect against financial loss if Guest must cancel the reservation for a covered reason. Travel insurance may be added to any reservation up to 45 days prior to check-in by contacting our office. If you added travel insurance the full policy is available here: https://www.trippreserver.com/find-plan-documentation/
LEGAL ACTION: If Guest breaches this agreement, or Agent must defend any action commenced by Guest, Guest shall be obligated to reimburse Agent or the owner of the premises for all costs, including reasonable attorney's and collection fees, of all action reasonably necessary to protect the Agent's or owner's interests hereunder. The parties agree that any litigation involving this agreement or Guest's occupancy of the premises shall be maintained in Worcester County, Maryland, and Guest waives any venue objection he may otherwise have. Agent may pursue Guest's unfulfilled financial obligations through a collection agency. A $35.00 fee shall be charged to Guest for each returned check. Guest and Agent agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action. This Agreement shall be construed under and governed by the laws of the state of Maryland.
WAIVER OF JURY TRIAL: EACH PARTY HERETO HEREBY ACKNOWLEDGES AND AGREES THAT ANY CONTROVERSY THAT MAY ARISE UNDER THIS AGREEMENT IS LIKELY TO INVOLVE COMPLICATED AND DIFFICULT ISSUES AND, THEREFORE, EACH SUCH PARTY IRREVOCABLY AND UNCONDITIONALLY WAIVES ANY RIGHT IT MAY HAVE TO A TRIAL BY JURY IN RESPECT OF ANY LEGAL ACTION ARISING OUT OF OR RELATING TO THIS AGREEMENT OR THE TRANSACTIONS CONTEMPLATED HEREBY.
AGENCY/FUNDS: Holiday Real Estate, Inc. is the agent of the owner of the premises, and Guest shall not hold Agent liable for the condition of the premises or other matters within the owner's control. All funds received by Agent shall be disbursed in accordance with its agreement with the owner. Agent shall not be obligated to deposit any funds in a trust, escrow or other special account, and Agent shall not be obligated to pay Guest interest on any funds received.
INDEMNITY/HOLD HARMLESS: Guest agrees to hold harmless and indemnify Agent and premises owner, and their respective affiliates, for and from all claims for property damage, personal injury, illness or disease, or monetary loss resulting from Guest's actions or omissions, and the actions or omissions of other Occupants, during or relating to Guest's stay. Guest shall exercise their own judgment when selecting unit. Guests with special needs of any kind should inspect the accommodation prior to making a reservation or paying a deposit. Guest covenants and agrees that: 1) They are fully aware of the risks and potential hazards of travel to and lodging in Ocean City including but not limited to the risk from pathogens and virus. They accept the same and hold Agent and owner harmless. 2) It is the Guest's sole responsibility to be familiar with the best practices to prevent the spread of contagion and they further warrant and guarantee that all guests occupying the premise are free from disease, do not have a temperature, and have not been exposed to an illness in the past 14 days. If the property provides access to or use of a boat slip the following terms and conditions will apply. 1) You must provide a copy of your liability insurance policy that covers the boat. 2) You further agree to indemnify and hold harmless the property owner and Holiday Real Estate, Inc. for any loss or liability caused to the property, the boat slip or any person arising out of the operation of the boat or any other watercraft.
DISCLAIMER OF WARRANTIES: TO THE MAXIMUM EXTENT PERMITTED BY LAW, AGENT, AND OWNER EACH EXPRESSLY DISCLAIM ANY WARRANTIES OF SAFETY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT, AND AS TO THE ADEQUACY OF THE DIRECTIONS AND WARNINGS PROVIDED TO YOU.
LIMITATION OF LIABILITY: TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO CASE SHALL THE OWNER OF THE PROPERTY OR AGENT, NOR THEIR AFFILIATES, NOR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, OR OWNERS, BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, OR EXEMPLARY DAMAGES, OR FOR ANY DAMAGES FOR PERSONAL OR BODILY INJURY, ILLNESS OR DISEASE, EMOTIONAL DISTRESS, OR DAMAGE TO PROPERTY, ARISING OUT OF OR IN CONNECTION WITH YOUR STAY AT THE PROPERTY. THIS LIMITATION APPLIES TO ALL CLAIMS FOR DAMAGES WHETHER BASED ON A THEORY OF WARRANTY, CONTRACT, TORT (INCLUDING ORDINARY NEGLIGENCE), STRICT LIABILITY, OR OTHERWISE, EVEN IF AGENT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.
BEACH REPLENISHMENT: The Town of Ocean City, the State of Maryland, and the Army Corps of Engineers maintain the beach through a replenishment program. Occasional and unexpected inconveniences may result and are not grounds for cancellation or refund.
CHANNEL PARTNERS: If you placed your reservation through a third-party marketing channel, your reservation may be subject to that channel's own terms and conditions. If any provision of the applicable channel partner's terms conflicts with the terms in this agreement, the provisions of this agreement will control.
CREDIT/DEBIT CARDS: If Guest pays by credit card, Guest represents they are the accountholder or an authorized user of the account. Guest specifically waives the right to credit/debit card chargebacks. Credit card fees are separate from rent and/or rate.
SEVERABILITY: If any term, covenant, condition, or provision of this Agreement or the application thereof to any circumstance shall be invalid or unenforceable to any extent, the remaining terms, conditions, and provisions of this Agreement shall not be affected thereby and each remaining term, covenant, condition, and provision of this Agreement shall be valid and shall be enforceable to the fullest extent permitted by law. If any provision of this Agreement is so broad as to be unenforceable, such provisions shall be interpreted to be only as broad as is enforceable.
OUR COMMITMENT TO YOUR PRIVACY: Holiday Real Estate, Inc. takes your privacy and protection seriously. We collect transactional information (such as your name, mailing address, email address, phone number, and reservation information) as well as information you actively provide to us. We do not rent, sell, or share with third parties the personal information we collect from you except (i) to provide information or services that you have requested, or (ii) with your permission. For questions concerning privacy use and abuse we can be reached via e-mail at holiday@holidayoc.com or phone at 800-638-2102.
TELEPHONES: If Telephone service is not provided in the premises bring a cellular telephone and provide the number to Holiday Real Estate, Inc.
AGREEMENT: This agreement constitutes the entire agreement and no other oral, implied, or inferred representations, agreements or promises have been made by Agent or owner unless expressly stated herein. This is a legally binding agreement, if not understood seek competent legal advice.
The parties further agree and represent that they are financially responsible adults having been employed for two years or more full-time and have an established solid credit history.
15% CANCELLATION FEE, NO REFUNDS WITHIN 45 DAYS OF CHECK-IN.
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