Terms and Conditions
Vacation Rental Lodging Agreement
This Vacation Rental Lodging Agreement (hereinafter “Agreement’) is made by and between the undersigned Guest (hereinafter “Guest”) and Coastal Life Vacation Rentals, LLC (hereinafter “Agent”) as Agent for the owner of the property (hereinafter “Owner”) hereinafter identified in the Guest Reservation (hereinafter the “Property”).
1. PREMISES
This Agreement must be signed by the Guest identified as the Primary Guest Contact and returned to Agent within five (5) days from the date hereof or Agent reserves the right to treat this reservation as a cancellation and retain any deposits paid to Agent as applicable per the Cancellation Policy. Guest check-in time is 3:00 pm and Guest check-out time is 10:00 am on the last day of the reservation, no exceptions. All applicable keys, activity passes, parking permits, etc. must be left at the property as they were found when Guest arrived or Guest will be charged $250 for their replacement.
2. OCCUPANCY GUIDELINES FOR GUEST AND INVITEES
The Guest signing this Agreement shall be the person to check-in, or Agent has the right to refuse occupancy and treat this reservation as a cancellation and retain applicable monies paid. The Property shall be occupied by Guest identified above and all occupants of the Property shall be supervised by that Guest for the entire duration of the rental period. Guest reserving this Property shall be 25 years of age or older. The number of Guests occupying the Property shall not at any time exceed the maximum limit set on the rental listing advertisement for the Property. Guest shall not host, or permit to be hosted, a party at the Property at any time. Identification of all occupants must be furnished upon request. Guest agrees that this Agreement shall not be assigned by Guest and Guest shall not sublet the Property for any reason. Violation of any of these policies may result in denial of access to Property, cancellation of the reservation, and/or immediate removal from the Property without refund.
3. PAYMENT
Payment in full is due by Guest to Agent thirty (30) days prior to the check-in date. Failure of Guest to pay the balance by the due date may result in cancellation. Guest shall not be entitled to possession unless and until said amount has been paid to Agent and the signed Agreement has been returned. Guest agrees that by providing a credit card number, Guest agrees to the policies contained herein. Guest further agrees that he/she is the legal cardholder authorized to use the provided credit card number. Payment by credit card is optional, however due to surcharges imposed by credit card companies, a Credit Card Convenience Fee of three-percent (3%) may be charged on all credit card payments. If the reservation is made within thirty (30) days of arrival, the full rental amount is due at the time of the reservation. Personal checks and electronic checks will be accepted only if the full payment balance is received at least thirty (30) days prior to check-in. If payment is made by electronic check, Guest authorizes Agent to process the payment as an electronic funds transfer from the account number supplied by Guest. Any returned checks will be subject to a $50 fee and will not be re-deposited. All lodging fees are responsibility of Guest; however, payments made by third parties on Guest's behalf may be accepted by Agent, and, when and if applicable, may be refunded by Agent directly to said third parties. The rental rate applies to entire term of Agreement. No refund of rent will be provided to Guest in the event Guest elects to vacate Property prior to the end of the Rental Period.
4. CANCELLATION POLICY
All cancellations shall be in writing. Processing, management and credit card fees are non-refundable. Reservations canceled more than sixty (60) days prior to the check-in date will receive a 100% refund less aforementioned fees. Reservations canceled more than thirty (30) days prior to the check-in date will receive a 50% refund less aforementioned fees. No refunds will be provided for reservations canceled thirty (30) days or less prior to the check-in date. No refunds will be provided if Guest does not take occupancy of the Property. A transfer to another Property at Guest’s request will be treated as a cancellation. Reinstatement of a canceled Reservation is subject to an additional processing fee. The Reservation will be in effect upon receipt of initial required deposit payment and the applicable cancellation policy will apply at that time.
5. FORCE MAJEURE
No refunds will be given for Owner/Agent's failure to perform as a result of any of the following: Acts of God (including, without limitation, fire, flood, earthquake, storm, hurricane or other natural disaster), war, invasion, act of foreign enemies, hostilities (regardless of whether war is declared), terrorist activities, government sanction, government declaration, government order, blockage, entry restrictions, evacuations, epidemic, pandemic, endemic, outbreak, or interruption or failure of electricity or telephone service. There will be no refund in the event of a hurricane, weather event or other cause of voluntary or mandatory evacuation. If Guest purchased travel insurance, refer to your description of coverage for instructions on recovering any loss due to cancellation. Travel Insurance for you and your party is an option for your vacation accommodations. While Agent recommends that a Guest purchase travel insurance, it is important to note that travel insurance is completely optional. It is solely the Guest's obligation to obtain travel insurance if it is desired.
6. LODGING TERMS
IT IS UNDERSTOOD, MUTUALLY AGREED AND ACKNOWLEDGED BY THE PARTIES TO THIS AGREEMENT THAT:
a. Owner or Agent may access the Property at any time, at their sole discretion, for the purpose of inspection, maintenance, cleaning, or repairs.
b. Owner and/or its/his/her authorized agents, including, without limitation, Agent, may terminate this Agreement and remove Guest at any time if, at the sole discretion of Owner and/or his authorized Agents, Guest becomes objectionable, violates any of the terms of this Agreement, or violates any of the Property rules and regulations. In such event, Guest agrees to immediately vacate the Property without refund of the guest fees or deposits; and, neither Owner nor his authorized Agents, including, without limitation, Agent, shall be liable for any damages, including without limitations, incidental and consequential damages.
c. Guest and all other occupants shall vacate the Property promptly upon order of Owner or Agent. All occupants who refuse to vacate the Property at the end of the term or upon demand of Agent shall be considered trespassers and subject to arrest and prosecution as such. No rental refund will be issued if Guest is ordered to vacate the premises. Guest’s/occupant’s personal property left in the Property after the Property is vacated may be disposed of by the Agent in any manner without liability.
d. No relation of Landlord/Tenant shall exist or be deemed to exist by virtue of this Agreement or Guest's occupancy of the Property hereunder.
e. The validity and construction of this Agreement and all questions arising hereunder or relating to the performance hereof shall be determined and governed by the laws of the State of Maryland. 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 Worcester County, Maryland. The parties hereto each specifically waive any venue, except as set forth above. No provision of this Agreement shall be interpreted for or against any party hereto by reason that said party or his or her legal representative drafted all or any part hereof.
f. If for any reason whatsoever, excluding the reasons set forth in paragraphs 1 - 5 above, Guest is denied access to subject Property, and is thus unable to take possession for the Rental Period provided herein, Owner's and Agent's liability shall be limited to the return to Guest of all monies paid on account.
g. It is mutually understood and agreed that Coastal Life Vacation Rentals LLC is acting as Agent for Owner and has no liability to Guest for the performance of any term or covenant of this Agreement. Each property is individually owned and decorated to each Owner's taste. Rates are set by each individual Owner. Agent is not responsible for decor or photo discrepancies made by Owner.
h. Guest agrees to accept Property “AS IS” upon arrival and Guest shall not be entitled to a refund of rent money and will have no claim or recourse against Owner or Agent relating to the condition of the Property. Any pre-existing damage or unsatisfactory conditions must be reported by Guest to Agent immediately upon check-in.
i. Guest covenants and promises to surrender Property in as good or same condition as at the commencement of occupancy, reasonable wear and tear excepted. Guest is financially responsible for any damages to Property made by himself, his family or his guests, and any damage inflicted on Property during his stay including, but not limited to loss of rental income to Owner due to malfeasance of Guest. Owner and Agent shall have the right to inspect Property at the conclusion of this Agreement. If, in Agent's sole discretion, Property is or becomes uninhabitable by reason of fire, infestation, or casualty, not caused by Guest, his family or his guests, the Agreement hereunder shall be terminated, in which case Owner's and Agent's liability shall not exceed a pro-rata refund of rent.
j. Guest is responsible for maintaining the cleanliness of Property during occupancy and is expected to leave the Property in good and clean condition upon departure. Guest agrees to pay an excessive housekeeping or maintenance fee if Property is not left in the following condition:
- Remove all food from refrigerator and all trash from Property
- Clean dishes and cooking utensils and properly store them
- Leave furniture arranged as it was found
- Check all drawers and closets for items left behind
- Close all windows and lock the doors when leaving
k. Toilets shall not be used for any purpose other than that for which they were constructed and no soap, sweepings, sanitary products, diapers, rubbish, rags or garbage shall be placed therein. Any stoppage of sewage lines caused by abuse shall be repaired at the expense of the Guest, and Guest will reimburse Owner for any damage caused by escape or overflow of water.
l. Guest is responsible for any additional costs associated with cleaning, repairs or loss of rental income to Owner, including but not limited to the following: 1) smoking in a non-smoking property; 2) bringing unauthorized pets into a property that prohibits pets; and 3) excessive uncleanliness or damage caused as a result of Guest’s occupancy.
m. Guest shall ensure that the thermostat is set to air conditioning at 75 degrees prior to check out if renting during May, June, July, August, and/or September, and set to heat at 55 degrees prior to check out if renting during October, November, December, January, February, March, and/or April.
7. DAMAGE WAIVER
The Accidental Damage Waiver is a one-time, non-refundable fee paid in lieu of a security deposit and protects the Guest from being charged for any accidental loss or damage that may occur during occupancy up to $1,000.00. The Accidental 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 Property upon check-in and arrival at the Property. Prior to, or immediately upon, vacating the Property, Guest must inform the Agent if there have been any incidents of loss or damage that have occurred during the occupancy. The Accidental Damage Waiver does not replace or negate Guest's responsibility for all persons lodging in or visiting the Property. It does not pay for any act of intentional, reckless, or grossly-negligent destruction, pet damage, re-keying, property damage resulting from motorized vehicle or watercraft, additional cleaning if the premises is left excessively dirty or invoices associated with the lodging that may be presented subsequent to Guest's occupancy. The Accidental Damage Waiver does not cover the Guest's belongings and personal property including theft of the same. The Accidental 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.
8. RULES/RESTRICTIONS
GUEST AGREE TO ABIDE BY THE FOLLOWING RESTRICTIONS:
a. No reduction of rent, rebate or refund will be issued for any mechanical failure of HVAC systems, appliances, televisions or any television related equipment, Internet or Internet related equipment, phone, cable or satellite signal, streaming devices, furniture or other appliance/mechanical deficiency. Upon prompt notification by Guest, Agent will make every effort to have such items repaired or corrected, however repairs are not guaranteed. Repairs are generally performed daily between the hours of 8:00 am and 5:00 pm.
b. The Property shall not be used for any commercial purpose or for any activity or purpose that is in violation of any regulation, or other requirement of any governmental authority having jurisdiction over Property. Guest agrees not to use the Property for any purposes which might be designated as hazardous or use the Property, nor suffer them to be used, for any purpose calculated to injure the reputation of the Owner, or to impair the value of the surrounding neighborhood property. Guest agrees that no persons shall commit any of the following on or around the property: underage drinking, use of illegal drugs or criminal acts of any nature. If Agent or Owner learns of any such acts, Agent and/or Owner reserve the right to remove the Guest from the Property without refund. Guest agrees to abide by the building's rules and regulations. No barbecue or grill type cooking is permitted on the Property, including balconies.
c. The number of parking spaces varies by building. Any registration and/or parking fees are charged at the discretion of the building and prices are subject to change without notice. Some buildings cannot accommodate oversized vehicles and alternate parking is not provided for them. Agent is not responsible for illegally parked vehicles. Boat trailers, or any other type of trailers, are not allowed on the Property.
d. Guest understands and agrees that he/she is prohibited from taking any action or permitting a guest to take any action which is a violation of any federal, state, or local laws, including but not limited to copyright infringement, online piracy, and any use of or access in violation of the website terms of use. Guest agrees to inform and be held responsible for any claim, cause of action or demand that arises out of use of the internet which any guest, invitee or family member of guest should incur and/or initiate. In the event it is discovered that such action took place during the period of rental, be advised that Agent will comply fully with any investigation as to the identity of the occupants of the unit at the time of the violation.
e. Guest must provide their own bed linens, towels, paper products and soap. Linen packages can be arranged through Agent. If the Property has a telephone line, any long-distance calls must be made by credit card or calling card. If television/streaming charges or long-distance calls are charged to the Property, Guest will be charged a $20.00 billing fee in addition to the charges.
f. Pets belonging to guests are prohibited on the Property. Violation of this covenant shall be grounds for immediate removal without refund. Violating guest will be responsible for all associated cleaning costs.
g. Ocean City has adopted a Noise Control Ordinance that makes it unlawful for any person to make, cause, or continue any loud, unnecessary, unnatural or unusual noise, or any noise which annoys, disturbs, injures or endangers the comfort, repose, health, peace and safety of others at any time, day or night. It shall be a violation of this Agreement and grounds for immediate removal without refund if these noise levels are exceeded as a result of Guest's activity on the Property. Ocean City has other noise ordinances which are civil/or criminal offenses if violated. Guest acknowledges and agrees to follow all Noise Control Ordinances.
h. Owner or Agent reserves the right to cancel this Agreement at any time prior to Guest taking occupancy of the Property. In such event, Owner will refund to Guest all deposit monies received.
i. Agent bears no responsibility and does not assist with lockouts. In the event of a lockout the Guest should contact a locksmith directly for assistance.
j. Opening and closing of pools is at the discretion of each individual building. Neither Owner nor Agent is responsible for closed pools or other common element problems.
k. Owner and Agent are not responsible for theft or for Guest's belongings left in Property.
l. Owner and Agent are not responsible for Guest's allergic reaction to smoke, pet dander or other causes in or about Property, and makes no guarantee Property is allergen free.
m. No representation, agreement, undertaking or promise, whether oral, implied or inferred have been made by either Owner or Agent unless expressly stated herein.
9. AGENCY
Agent is acting as Agent only for the Owner and has no liability to Guest for the performance of any term or covenant of this Agreement. Agent is authorized by Owner to act on Owner’s behalf with respect to the provisions of the Agreement.
10. ATTORNEYS’ FEES
If Guest breaches this agreement, Guest shall be obligated to reimburse Agent and/or the Owner of the Property for all costs, including reasonable attorney’s fees, of all actions reasonably necessary to protect the Agent’s or Owner’s interests hereunder. In the event that Agent and/or Owner shall find it necessary to expend any monies in legally enforcing any provision of this Agreement or under law, Guest agrees to be liable for such expenditures as allowed by law and reasonable attorney's fee of the Agent and/or Owner. If Guest initiates an action against Agent or Owner of the Property, and the Agent or Owner substantially prevail in such action, Guest shall reimburse Agent and/or Owner for all reasonable attorneys’ fees and costs actually incurred in defending such action.
11. INDEMNITY/HOLD HARMLESS
Guest shall indemnify and hold harmless Agent and the Owner, including their agents, representatives and employees, from all damages, claims, theft, liabilities, injuries, costs or expenses (including attorney’s fees) to person or property arising out of or otherwise related to any claim, demand, dispute or litigation in connection with Guest’s occupancy and use of the Property or otherwise related to this Agreement. This includes, without exception or limitation, costs and expenses including attorneys’ fees, any and all injury, death, damage, losses or claim for injury, damage, losses, or liability. Guest is responsible for the actions of the Guest’s invitees / others on the Property.
12. 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.
13. ENTIRE 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. No modification of this Agreement will be effective unless in writing and signed by Guest and Agent.
14. 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 provisions 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.
15. WAIVER OF JURY TRIAL
IN THE EVENT THAT EITHER PARTY IS REQUIRED TO RESORT TO LITIGATION TO ENFORCE ITS RIGHTS HEREUNDER OR ANY MATTER RELATED THERETO, THE PARTIES HERETO WAIVE ANY RIGHT TO TRIAL BY JURY FULLY TO THE EXTENT THAT ANY SUCH RIGHT SHALL NOW OR HEREAFTER EXIST. THIS WAIVER OF RIGHT TO TRIAL BY JURY IS SEPARATELY GIVEN, KNOWINGLY AND VOLUNTARILY, BY ALL PARTIES, AND THIS WAIVER IS INTENDED TO ENCOMPASS INDIVIDUALLY EACH INSTANCE AND EACH ISSUE AS TO WHICH THE RIGHT TO A JURY TRIAL WOULD OTHERWISE ACCRUE.
