Legal
RENTER AGREEMENT
Property | Dates | Renter (or "Guest") |
Name: Capacity: maximum guests Phone: Address: |
Arrival Date: Departure Date: Booked Nights: Check-In Time: Check-Out Time: |
Name: Phone: Email: Address: |
Parties:
This Renter Agreement ("Agreement") is made and effective _________ ("Agreement Date") between Maine Coastal Vacations, LLC ("Owner and/or Manager") and ______________ ("Guest") regarding the property known as ______________ ("Rental Property") which is located at: _____________.
Owner reminds Guest the accommodation they are renting is a privately owned home and Guest shall treat it with respect. By entering into this contract, Guest is agreeing to all of the obligations and responsibilities outlined in this Rental Agreement.
This Agreement applies to all members of the Guest's party no matter the age or affiliation. Guest acknowledges that Guest is responsible for sharing the Agreement, and its requirements, with all members of the Guest's party and anyone else permitted onto the Rental Property by the Guest.
In consideration of the rent received and the mutual promises contained herein, Owner of the Rental Property does hereby lease and rent to Guest(s) such Rental Property under the following terms and conditions:
Reservation:
- Rental Amount: Total rental amount for the period is separately quoted and confirmed with the reservation code __________ issued by _________.
- Rental Deposit: A security deposit is required ("Security Deposit") and will be automatically reserved for the booking. If the Guest's reservation was made via AirBNB, please read https://www.airbnb.com/help/article/140 and note that the Manager is an API-connected host and will collect the Guest's credit card information separately. The automatic reserve is conducted by putting a hold on the Guest's credit card for the amount of _______ exactly __ day(s) prior to the arrival date. The credit card of the last successful payment will be used. If there are no successful credit card payments, it is the responsibility of the Guest to send ______ by check to the Owner to satisfy the Security Deposit requirement. If, at the end of the rental period, the rental property is returned undamaged beyond normal wear and tear, the Security Deposit will be released in full within five (5) business days. In the event of any damages, Owner will provide Guest with a full accounting of expenses incurred and deductions made from the Security Deposit. Should the damages exceed the amount of the Security Deposit, Guest agrees to pay the balance within five (5) business days after receiving notification. Deductions from Security Deposit may include, but are not limited to: excess cleaning fee, hot tub draining and refilling fee, trash removal fee, missing item replacement costs, damaged item replacement or repair costs, repair costs of buildings or grounds, or other service call fees. Owner is under no obligation to use the least expensive means of restoration.
- Total Guests: The Guest confirmed in their reservation a total number of members in their party. Guests must inform the Owner of their intention to bring children and the specific number. A child is defined as any person under the age of 18. Each accommodation has a capacity determined by the number of sleeping spaces and the number that the septic system can sustain. No fraternities, school, civic, or other nonfamily groups are allowed unless Owner grants prior approval. In no event shall Guests assign or sublet the Rental Property in whole or in part. Violations of these rules are grounds for expedited eviction with no refund of any kind.
- Age: Guest represents that he or she is over 25 years of age.
- Recreational Vehicles: the use of recreational motor vehicles, trailers, mobile homes, trucks with camper inserts in the bed, and any other vehicles that provide sleeping accommodations are prohibited on the Rental Property.
- Rental Period: This Agreement applies to the Guest's stay at Rental Property from ______ to _____ but also applies to any other dates which may be included if the reservation is changed.
- Shortened Stays and Conditions: There shall be no refunds of rents due to shortened stays or ruined expectations because of weather conditions.
- Credit Card Payment: A payment of _______ is taken by Owner at the time of the booking. Any remaining balance must be paid __ days prior to the arrival date, or this Agreement may be canceled by the sole option of the Owner. An automatic credit card payment for the remaining balance will be scheduled by the Owner to be made __ days prior to the arrival date. The credit card of the first payment is used if a credit card was provided. If the automatic payment fails for any reason, it is the responsibility of the Guest to make sure that the remaining balance is promptly paid in full, or the reservation will be canceled with no refund of payments made. All policies contained in this Agreement shall apply equally to payments made by credit card, check or cash and whether made via website, by phone or in person. Any refunds due to Guests from a credit card payment will be refunded by credit card transaction; all other refunds will be made within 30 days by check. Regular payments and security deposits for the booking will be displayed as MAINE COASTAL VACATIONS on the Guest's credit card statement.
Owner Responsibilities:
- Property Condition: The property will be delivered furnished, professionally cleaned and with systems in working condition. Any costs for the repair of appliances or systems shall be borne by Owner, unless failure is due to negligence of Guest. No refunds will be provided due to inoperable appliances, pools, hot tubs, elevators, etc. The Owner will make every reasonable effort to assure that such appliances will be and remain in good working order, including the following amenities.
- Essentials: Owner shall provide the following to Guest: linens for each bed, one towel & washcloth for each guest, fully equipped kitchen (if applicable to unit), propane charcoal grill (may be shared with adjacent unit), and other amenities as outlined in the Property description.
- Streaming Video Service: Streaming video service is provided and service level has been chosen by Owner. No refund of rents shall be given for outages, content, lack of content, or personal preferences with regard to streaming video service.
- Internet: High speed wireless internet is provided as a convenience only and is not integral to the Agreement. No refund of rents shall be given for outages, content, lack of content, speed, access problems, lack of knowledge of use, or personal preferences with regard to internet service.
- Telephones: Telephones in the Rental Property may be blocked to allow local calls only. Guest may need a calling card in order to make long distance calls from the Rental Property. The Owner may choose at the Owner's sole discretion to allow long distance telephone calls to be made for free. If the Owner has not clearly listed that as a feature of the Rental Property on the website, confirmation letter or marketing material, Guest must assume that long distance telephone calls are not allowed.
Guest Responsibilities and Restrictions:
- Posted Rules: Guest agrees to abide by all rules and regulations contained herein or posted on the premises related to the Rental Property.
- Property Condition: Guest will notify Owner if premises are not in satisfactory condition upon arrival and of any unsafe conditions as soon as observed. The Guest shall maintain the premises in a good, clean, and ready to rent condition, and use the premises only in a careful and lawful manner. The Guest shall leave the premises in a ready to rent condition at the expiration of the Agreement, defined by the Owner as being immediately habitable by the next guest. Guest agrees to be financially responsible for maintenance and repairs should the premises be left in a lesser condition and for any extraordinary cleaning required to return the premises to the condition they were in prior to occupancy. Guest agrees that Owner shall deduct costs of said services from the security deposit prior to refund if Guest causes damage to the premises or its furnishings. Guest agrees to permit Owner to enter the premises to perform necessary repairs and/or maintenance, if notified 24 hours in advance or without notice in the case of an emergency.
- Use of Property: The Property is not to be used for events, functions or reunions. Guest expressly acknowledges and agrees that this. Agreement is for transient occupancy of the Property, and that Guest does not intend to make the property a residence or household. Guest shall not assign any rights under this Agreement, nor sublet the premises or any portion thereof without prior written consent. Guests agree not to use the premises for any commercial activities or purpose that violates any criminal law or governmental regulation. Guest's breach of any duty contained in this paragraph shall be considered material and shall result in the termination of guest occupancy with no refund of any kind.
- Quiet Enjoyment: Guest shall behave in a civilized manner and shall be good neighbors respecting the rights of the surrounding property owners. Guest shall not create noise or disturbances likely to disturb or annoy the surrounding property owners. Quiet hours are from 10 PM to 8 AM. Creating a disturbance of the above nature or violating the quiet hours shall be grounds for immediate termination of this Agreement and Guest shall then immediately vacate the premises. The Owner reserves the right to charge the Guest a penalty of $500 and/or evict the Guest, the decision of which is the sole right of the Owner.
- Linens: If linens or towels are rented from Owner or supplied with Rental Property, Guest is responsible for lost or damaged items at the cost of two (2) times the published standard rental price for such damaged or lost linens or towels.
- Trash: Guest shall dispose of all waste material generated during the rental period as indicated in the check-out instructions.
- Fire Alarms: If the property has fire alarms Guest must notify Owner without delay if a fire alarm “chirps” or has a low battery condition.
- Possessions: Guest is responsible for all shipping costs for any Lost and Found items that Owner is requested to return to Guest. Items found and not claimed within 30 days will be disposed of at the discretion of Owner.
- Showings: If the Property should go on the MARKET FOR SALE, it may be shown to qualified buyers during Guest's stay. Every effort will be made to schedule the showing at a convenient time and not interrupt Guest's term. Guest shall allow reasonable viewings of the home between 9 am and 8 PM whether they may be present or not.
- Pets: Guests must obtain permission from the Owner to have pets on the Rental Property. If permission is not given by the Owner, any pet(s) found in or about the Rental Property will be grounds for expedited eviction and forfeiture of all monies paid.
- Subletting: Guest shall not have the right to sublet the Property.
- Smoking: Smoking is not allowed inside the Property. Guests who fail to adhere to this policy will be in breach, immediately vacate, and forfeit any monies paid. This restriction includes smoking of nicotine cigarettes and marijuana as well. Smoking outside of the home, at least 10 feet from any open windows or doors of the house is permitted with the understanding that Guests will not discard any cigarette butts on the grounds of the Property. Evidence that smoking/vaping occurred inside the Property during the stay, or if clean up of an outdoor area after a Guest that was smoking on the Property will incur a $300.00 fee that will be charged to The Guest’s account as a special cleaning costs.
- Water: Water quality varies at each property. Guest is advised to use bottled water for consumption.
- Hot Tub: If a hot tub or pool is provided at the Rental Property, it will be prepared and tested for proper and safe chemicals prior to or on the day of occupancy. Misuse of a hot tub or pool by the spilling of foreign substances into the pool, i.e. soap, shampoo, oils, glass or metal will result in a Service Call Charge at the sole discretion of Owner. Under no circumstances are pets allowed in pools or hot tubs. Violation of this provision shall be grounds for expedited eviction and forfeiture of all monies paid.
- Campfire: Campfires are PROHIBITED unless there is a designated area for fires on the property. DO NOT create a fire pit if one is not provided. Wood is NOT provided for most fire pits. You will need to either bring wood with you or purchase a bundle while you are here at the one of the stores in town.Campfires are permitted ONLY in the provided firepit on the beach in front of the home. If the beach is not accessible due to water levels, the firepit cannot be relocated and fires are strictly prohibited. Wood is not provided, and Maine law prohibits bringing wood from out of state. Guest agrees to “quench” any campfire when the fire is unattended.
- Recreational and Water Activities: The Rental Property may offer access to recreational and water activities, including but not limited to kayaks, canoes, bicycles, and swimming. Guest fully understands and acknowledges that outdoor recreational and water activities have inherent risks, dangers and hazards. All children under 18 must be supervised within line of sight by an adult at all times. Participation in such activities and/or use of equipment may result in injury or illness including, but not limited to bodily injury, disease, strains, fractures, partial and/or total paralysis, death or other ailments that could cause serious disability. Guest must use proper safety equipment, including life vests, and agrees to fully indemnify and hold harmless the Owner and any and all agents, employees, or contractors for any injury or damage caused by these activities, whether caused by the negligence of the Owners, the negligence of the participants, the negligence of others, accidents, breaches of contract, the forces of nature or other causes foreseeable or unforeseeable. Guest hereby assume all risks and dangers and all responsibility for any losses and/or damages, whether caused in whole or in part by the negligence or other conduct of the Owners or by any other person. Guest hereby voluntarily agree to release, waive, discharge, hold harmless, defend and indemnify Owner and any and all agents, employees, or contractors from any and all claims, actions or losses for bodily injury, property damage, wrongful death, loss of services or otherwise which may arise out of my use of Rental Property facilities, equipment, or activities. Guest further assumes full responsibility for the actions of any and all persons whom he may allow to enter the property during the rental period and indemnifies Owner from any and all claims arising from such other persons.
- Firearms: Only legally owned and permitted firearms shall be allowed on the premises according to State and local laws.
- Drones: Guests are prohibited from flying drones on or around at the Property. Local ordinances may require filing a flight plan if flying a drone locally elsewhere.
- Fireworks: Guest agrees that Fireworks and other hazardous materials shall not be used in or around the Property.
- Illegal Use: Guest shall use the Property for legal purposes only and other use, such as but not limited to, illegal drug use, abuse of any person, harboring fugitives, etc. shall cause termination of this Agreement with no refund of rents or deposits.
- Attorney’s Fees: Guest agrees to pay all reasonable costs, attorney's fees and expenses that shall be made or incurred by Owner enforcing this Rental Agreement or defending related claims.
Termination:
- By Owner/Manager: The Owner and/or Manager has the right to inspect the premises with prior notice as stated with the applicable State laws. Should the Guest violate any of the terms of this Agreement, the rental period shall be terminated immediately in accordance with Maine State law. The Guest waives all rights to process if they fail to vacate the premises upon termination of the rental period. The Guest shall vacate the premises at the expiration time and date of this Agreement.
- By Guest: In the event Guest wishes to terminate this Agreement, Travel Insurance, Damage Protection and any processing or administrative fees are non-refundable. The refund policy is as follows:
Indemnification and Limitation of Liability:
Guest and Guest's guests shall hereby indemnify and hold harmless Owner against any and all claims of personal injury or property damage or loss arising from use of the premises regardless of the nature of the accident, injury or loss. Guest expressly recognizes that any insurance for property damage or loss which Owner may maintain on the property does not cover the personal property of Guest, and that Guest should purchase their own insurance for Guest if such coverage is desired. No refunds will be given due to power blackouts, water shortage, flooding, snow, construction at adjacent properties, or mandatory evacuations of the area by county officials due to hurricanes or other potentially dangerous situations arising from acts of god or nature.
In the event Owner is unable to make Rental Property available for any reason other than described above or a reasonable substitute as determined by Owner, Guest agrees that Owner's sole liability as a result of this unavailability is to provide a full refund of all monies paid under this Agreement and Guest expressly acknowledges that in no event shall Owner be held liable for any special or consequential damages which result from this unavailability. Guest also agrees to indemnify Owner from and against liability for injury to Guest or any other person occupying Rental Property resulting from any cause whatsoever including, but not limited to, injury sustained as a result of use of the phone, spa, hot tub, sauna, whirlpool tub, pool, exercise equipment, elevator, etc. except only such a personal injury caused by the gross negligence or intentional acts of the Owner.
Manager Contact:
Maine Coastal Vacations, LLC
Governing Law:
This Agreement is governed under the laws of Maine.
Modifications and Other Agreements:
Any changes or addendums to the Rental Agreement must be agreed upon in writing. (i.e., email or formal letter to Owner and acknowledged in writing by Owner.)
In addition to the language stated in this Agreement the parties, Owner and Guest, agree to abide by the Reservation Agent's agreements, as applicable.
By registering, Guest agrees to the above conditions and hereby swears that any information provided to Owner is accurate and true.
NOW, THEREFORE, in consideration of the mutual agreements and covenants herein contained, Guest has read and agreed to the following:
I understand the rules and rental conditions upon which I am agreeing to rent accommodations, equipment, and use of the property. I acknowledge and accept that the sole responsibility for safety lies with the participant. In agreeing to this, I acknowledge that outdoor activities and exposure to the natural elements and animals can be dangerous and sometimes result in injury and even death. Steps and decks can be slippery, animals and insects can threaten and infect or injure, exposure to the elements can cause hypothermia, sunburn, among other risks inherent in participating in camping, outdoor and water activities. I know that alcohol and/or drugs do not mix safely with any outdoor activity.
I am over the age of 18 and assume responsibility for those in my charge under the age of 18. I hereby assume all legal responsibility for bodily injury to me or to any person on the property as a result of my visit and use, operation or possession of equipment hired or loaned to me. Acknowledging this, I accept complete responsibility for the minor children and myself in my charge and visit the property and equipment and engage in activities or events at my own risk.