TERMS AND CONDITIONS.
This Agreement is made and entered in this day, 11/18/2018 , between the property owner hereinafter referred to as "Owner" and you, hereinafter referred to as "Tenant".
WHEREAS, Owner desires to lease to Tenants and Tenants desires to lease from Owner their premises and it is herein agreed as follows:
1.Owner hereby leases to Tenant the furnished the contracted premises, for the contracted number of nights, as specified in the reservation process.
2.Tenant agrees to pay the rent herein provided subject to the terms and conditions set forth herein.
3.Remaining balances will be charged to Tenant's credit card no sooner than 30 days prior to the reservation start date unless this agreement is entered into during a non-peak, non-advanced reservation, in which case the full balance will be due to complete the reservation. Charges will be made automatically to tenants card for open balances, so no action is needed by the tenant unless the card used would no longer be valid (expired, change in address, etc.). In such cases it is the responsibility of the tenant to notify MyOceanRental LLC of such changes so the reservation remains valid.
4.Owner shall pay for all electricity, cable, water, fuel oil and gas during the term of this lease and any extension or renewal thereof.
5.Owner covenants that the leased premises are habitable, and that there exists no violation of any applicable housing code, law or regulation. Should the home not be found in acceptable condition by the Tenant, or requiring specific repairs, treatment or cleaning, the Tenant shall immediately notify MyOceanRental LLC on the day of arrival and the issue will be addressed or other suitable accommodations will be arranged. Failure to notify MyOceanRental LLC of any issues during your stay will result in the forfeiture of any potential remedy and/or compensation and in effect assumes that the Tenant finds the accommodations satisfactory.
6.Tenant agrees to comply with all sanitary laws, ordinances and rules affecting the cleanliness, occupancy and preservation of the premises during the term of this lease.
7.Tenant shall keep the premises in good order and shall advise Owner of any needed repairs or maintenance reasonably expected to the standard of habitability.
8.Tenant agrees to take good care of the furniture, carpets, draperies, appliances and other household goods, and the personal effects of Owner, and further agrees that she will deliver up same to Owner in same condition at the end of the term of this lease, normal wear and tear expected.
9.Tenant shall repair or replace, at Tenant's expense, all loss or damage to any furniture, carpets, draperies, appliances and other household goods, and personal effects of Owner, whenever such damage or loss shall have resulted from Tenant's misuse, waste or neglect of said furnishings and personal effects of Owner.
10.Tenant shall cause to be made, at Tenant's expense, all required repairs to heating and air-conditioning apparatus, electric and gas fixtures and plumbing work whenever such damage shall have resulted from misuse, waste or neglect of Tenant, it being understood that Owner is to have same in good order and repair when giving possession.
11.Tenant shall not keep or have in or on the leased house, outbuildings or grounds any article or thing of a dangerous, flammable or explosive nature that might be pronounced "hazardous" or "extra hazardous" by insurance industry standards.
12.Tenant shall give prompt, adequate notice to Owner or his agent of any dangerous, defective, unsafe or emergency condition in or on the leased premises. Owner or his agent shall repair or correct said condition promptly upon receiving notice thereof from Tenant.
13.Owner covenants that the Tenant shall have, hold and enjoy the leased premises for the term of this lease, subject to the conditions set forth herein.
14.NOISE AND DISRUPTIVE ACTIVITIES: TENANT or his/her guests and invitees shall not disturb, annoy, endanger or inconvenience other tenants of the building, neighbors, nor violate any law, nor commit or permit waste or nuisance in or about the premises. **Parties on these premises by the Tenant are strictly prohibited and will result in immediate eviction without refund.**
15.ACCIDENTAL DAMAGE PROTECTION FEE: An accidental damage protection fee is required for all guests for a fee. If, during a stay at this Rental Property, a Tenant causes any damage to or theft of, real or personal property of the Rental Property as a result of negligent or inadvertent acts or omissions, the Protection Company will reimburse for the cost of repair or replacement of such property up to Maximum Benefit of $1,500. Any additional funds needed to repair damage in excess of the benefits shall be paid in full by the Tenant upon notification and proof of such damage.
16.Tenant shall, at reasonable times, give access to Owner or his agents for any reasonable and lawful purpose. Except in situations of emergency, Owner or his agents shall give the Tenant 24 hours notice of intention to seek access, the date and time at which access will be sought, and the reason therefore.
17.In the event of default by Tenant, Tenant shall remain liable for all rent due or to become due during the term of this lease. Owner or his agents shall have the obligation to re-rent the premises in the Owner's name for the balance of the term, or longer, and will apply proceeds of such re-renting toward the reduction of Tenant's obligations enumerated herein.
18.In the event of any breach by the Tenant of any of Tenant's covenants or agreements herein, Owner or his agents may remove tenant without notice and all rents will be forfeited for any remaining lease period.
19.In the event of any breach by Owner of any of Owner's covenants or agreements herein, Tenant may give Owner notice to cure said breach. If said breach is not cured in a reasonable time, Tenant has the option to vacate the premises and have the prorated amount of rent refunded, based on days remaining in the agreement.
20.In no case shall any abatement of rent hereunder be effected where the condition set forth in the notice provided for herein was created by the intentional or negligent act of the Tenant, but Owner shall have the burden of proving that rent abatement may not be allowed for the foregoing reason.
21.Owner agrees to deliver possession of the leased premises at the beginning of the term provided for herein.
22.This lease constitutes the entire agreement between the parties hereto. No changes shall be made herein except by writing, signed by each party and dated. The failure to enforce any right or remedy hereunder, and the payment and acceptance of rent hereunder, shall not be deemed a waiver by either party of such right or remedy in the absence of a writing as provided for herein.
23.It is acknowledged that the Owner is not liable for loss to personal property nor for personal injury sustained in or on the property by the tenant and/or guest(s), whether due to fire, theft, rain, water overflow/leakage, acts of GOD, Tenants/Guests negligence, and/or any other causes.
24.In the event legal action is required by Owner to enforce any provision of this Agreement, Owner shall be entitled to recovery reasonable attorney's fees and costs.
25.Owner and Tenant agree that this lease, when agreement box is checked below by the tenant, is a binding legal obligation.
26. DEPARTURE CLEANINGS: Unit will be professionally cleaned at each departure. If the house is left in poor condition or requires more than normal cleaning, excess cleaning charges will be charged to the client.Tenant will also adhere to the following guidelines (Guests will also comply with the unit specific guidelines found posted in each home):
All homes are NON-SMOKING. No smoking on the porch or balcony and evidence of smoking will result in immediate removal.
27. CANCELLATION AND REFUNDS:
Contract for lease terms are solely between the Owner and Tenant. Tenant fully understands this is a relationship only between Owner and Tenant. MyOceanRental is not responsible for unsatisfied Tenants and will not provide for moving or switching Tenants to additional properties. Cancellations can be made with a full refund less a 5% penalty if requested within 7 days of making the reservation AND the requested date is still greater than 30 days until check-in date. For all other cases, cancellations made after the reservation payment is made will result in the forfeit of all applied monies, unless the property is re-rented and confirmed at the same rate for the cancelled dates. Should the property be re-rented at a lower rate, the monies refunded will be subtracted from the difference in the rate. MyOceanRental LLC will monitor that time slot and refund all monies to original guests upon the re-booking. There will be a 5% change/cancel reservation fee charged in such circumstances. In the event the unit is not re-rented for same period, there will be no refund. The same aforementioned guidelines will be applied to cancellations within 30 days of arrival. Refunds are inclusive of rents, deposits, taxes and fees. Insured renters' cancelation claims are processed independent of the owner. Changing a reservation in any way (dates, accommodations, etc.) is considered a cancellation and the same terms and conditions apply. Refunds are not given for inclement weather, including hurricane evacuation. Travel insurance, which may cover this and other possibilities, is available for a fee and noted below.
To protect against cancellations caused by certain unforeseen events, such as illness, death, natural disasters, etc., we recommend that guests purchase trip cancellation and Interruption Protection insurance to assure refund of deposits paid and reimbursement of other vacation payments. Such insurance is available through travel agents, auto clubs such as AAA, or online at http://www.rentalguardian.com/ or http://www.csatravelprotection.com/
CATASTROPHIC EVENTS & EMERGENCY EVACUATIONS:
If a catastrophe (hurricane, tornado, earthquake, flood, etc.) or any situation simply beyond our control impairs the vacation rental, MyOceanRental LLC is not responsible for finding alternate lodging for the renter or for the renter's financial losses related to transportation or alternate lodging. There will be NO REFUNDS OR CREDITS FOR EMERGENCY EVACUATIONS. Therefore, we suggest you consider Travel Protection Insurance to secure your vacation investment and eliminate your financial risk. There will be no refunds of any kind for evacuations.