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Terms and conditions

MyOceanRental

 
TERMS AND CONDITIONS.

This Agreement is made and entered in this day, 05/18/2022 , 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 premises described above, for a term of {reservations.days_number} nights, beginning on {reservations.startdate} and ending on {reservations.enddate} for a total of {reservations.price_total}.

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 {reservations.startdate}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 Tenant’s 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 of the property 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 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 same to Owner in same condition at the end of the term of this Lease, normal wear and tear expected, as the date Tenant takes occupancy.

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, including gatherings of any number of persons over the amount of people the house sleeps, on these premises by the Tenant are strictly prohibited and will result in immediate eviction without refund.**

MyOceanRental strives to ensure peace and quiet for all of our guests, neighbors, and community of Folly Beach. This means we follow guidelines to ensure you have a peaceful, safe and memorable stay with us. Due to Folly Beach's strict noise ordinance we have been forced to place noise sensors in our properties. NoiseAware is a smart home device that measures decibel levels throughout the property and allows us to respond to noise nuisances without disrupting your stay. NoiseAware is 100% privacy compliant and is required on this property. These do not listen or record, they only detect noise levels. If the noise level exceeds the legal limit for FB, you will receive a friendly reminder text message to turn the noise down. This will help avoid any violations with the FB police that can result in a $500 fine as well as result in major penalties for the homeowner.  

The Folly Beach NOISE ORDINANCE is from 10 pm to 8 am. Each property is listed with the maximum occupancy for the home (number the house sleeps). House parties, weddings, functions, events, bands, DJ’s, mobile units, campers and RVs are prohibited (you can park a camper or RV if that is your transportation, but you cannot stay in them). Please remember to be kind and courteous to your neighbors. Use of premises shall not disturb or offend surrounding residents. If the occupancy is misrepresented or a disturbance is reported at the property, we reserve the right to terminate your rental agreement and will require that you vacate the property immediately, without refund. If you have any questions, please ask. We are committed to your comfort so please let us know if we can do anything during your stay to make it more enjoyable.

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 or replace stolen or damaged personal property 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-let the premises in the Owner's name for the balance of the term, or longer, and will apply proceeds of such re-letting 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 under 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.TENANT AND LANDLORD RESPONSIBILITIES; INDEMNIFICATION. It is acknowledged that neither the Owner nor MyOceanRental LLC are 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. Tenant hereby indemnifies Owner and MyOceanRental LLC from and agrees to hold Owner and MyOceanRental LLC harmless from and against, any and all liability, loss, cost, damage or expense, including, without limitation, court costs and reasonable attorneys' fees, imposed on Owner or MyOceanRental LLC by any person whomsoever, caused in whole or in part by any act or omission of Tenant, or any of their agents, subtenants, assignees, representatives or invitees, or otherwise occurring in connection with any default of Tenant hereunder.  The provisions of this Section 23 shall survive any termination of this Lease.          

24.In the event legal action is required by Owner to enforce any provision of this Agreement, Owner shall be entitled to recovery of 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 Tenant.Tenant will also adhere to the following guidelines (Guests will also comply with the unit specific guidelines found posted in each home):

This is a NON-SMOKING house. We appreciate the compliance of all guests. No smoking on the porch or balcony. If evidence of smoking is found, this will result in immediate eviction and/or up to a $500 fine. 

All food items should be removed from the refrigerator and cabinets, and garbage taken to the dumpster. Garbage should be disposed of in the facility dumpster or outside canister prior to check out. Trash left in the unit or Garage will result in a $50 removal fee.See specific unit guidelines in your check-in email.

When returning from the beach, please use the outside shower or hose to remove any sand. Please do NOT sit on any beds or furniture while wearing wet bathing suits.

DO NOT MOVE any furniture. Moved furniture or evidence of moved furniture will result in a $75 charge to the Tenant.

This home is equipped with central air conditioning. Please help us conserve energy by turning the AC off or adjusting to a higher temperature if you will be out for an extended period of time. Be sure to close all windows when the AC is in use. TURN AC to 74 degrees when checking out in the summer. Turn heat to 65 degrees in the winter.

27. Unless there is a pre-arranged agreement and a PET DEPOSIT made upon booking a PET FRIENDLY property only, all other stays are to be considered NON-PET FRIENDLY stays.  Violation of this rule will be subject to a $350 fine as well as eviction within 24 hours if the pet is not removed.  

CANCELATION AND REFUNDS:
If you booked your reservation through Airbnb, VRBO, Booking.com or any other third party booking agent, your reservation is subject to their cancellation policy.

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 at least 14 days prior to your arrival 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 canceled 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 the same period, there will be no refund. Refunds are inclusive of rents, deposits, taxes and fees. Insured renters' cancellation 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.generalitravelinsurance.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.