A 3 PERCENT CONVENIENCE FEE WILL BE ADDED FOR ALL CREDIT CARD TRANSACTIONS.
This agreement "Agreement" constitutes a license agreement between the person(s) signing and Jack Lingo, Inc., REALTOR ("JLR" or "Agent"), as agent to rent the Property (defined above). ALL PAYMENTS ARE NON-REFUNDABLE. JLR accepts cash, money orders, and certified checks. Personal checks will not be accepted unless received thirty (30) days prior to check-in. Mastercard, Visa, AMEX and Discover will be accepted (with 3% convenience fee).
1. KEYS: Keys are not available until check-in time (3:00 PM) Two keys will be provided at check-in.
2. OWNERSHIP/RESIDENTIAL USE: Guest(s) (defined above) understand(s) that the Property is privately owned and is being made available for rent for residential purposes only. NO PUBLIC GATHERINGS, GRADUATION CELEBRATIONS OR COMMERCIAL USE IS PERMITTED.
3. DAMAGE: Guest agrees to be responsible for any damages to the Property, the grounds that are part of the Property and the furnishings provided with the Property, caused by the Guest's and/or their Guest's negligence, which occurs during their stay. To ensure prompt recovery for any damage, all Guests must either purchase a Vacation Rental Damage protection plan through CSA Global Generali Travel Protection and Insurance Services or pay $3000 refundable damage deposit to JLR. If and when a damage deposit has been collected, this damage deposit will be held by Landlord or agent and processed within thirty (30) days after inspection minus any damage deposit will be held by JLR and processed within thirty (30) days after inspection of the Property and returned minus any damages, above normal wear. Alternatively, Guest may purchase a Vacation Rental Damage Protection Plan designed to cover unintentional damage to the Property's interior that occurs during Guest's stay provided the damage is disclosed to management at JLR prior to check-out. If purchased, the policy will pay a maximum benefit of $3000.00. Any damages that exceed $3000.00 or is not covered under the plan will be charged to the credit card on file. If, during your Guest's stay at the Property, an insured person causes any damage to real or personal property at the Property as a result of inadvertent acts or omissions, the Insurer will reimburse the Insured for the cost of repair or replacement of such property up to a maximum benefit of $3000.00. Certain terms and conditions apply. Full details of the Vacation Rental Damage coverage are contained in the Description of Coverage or Insurance Policy www.vacationrentalinsurance.com/g20vrd. The Vacation Rental Damage can be purchased up until final payment is made. By submitting payment for this plan, Guest authorizes and requests CSA Global Generali Travel Protection and Insurance Services to pay directly Jack Lingo, Inc. – Realtor any amount payable under the terms and conditions of the Vacation Rental Damage plan. Any damages in excess of $3000.00 will be the responsibility of the Guest, including but not limited to extra cleaning charges, changing WIFI passwords, moving furniture, etc. Amounts paid for a Vacation Rental Damage Protection Plan are non-refundable.
4. CLEANING/REPAIRS: It is agreed that Agent , its servants, or employees for the purpose of clean-up and repair, may enter the Property when the keys are returned to the office on the date this Agreement terminates and may remain at the Property until 6:30 PM on the date the next occupancy commences. Guest agrees to surrender possession of the Property at the expiration of this Agreement, peaceably and without delay, in as good condition as it was at the commencement of the occupancy, except for reasonable wear and tear, act of God and/or other causes over which the Guest has no control. All vehicles must be removed from the property by 9:00 AM or they may be towed at Guest's expense. Guest is obligated to allow any and all repairs and maintenance when needed during their stay.
5. DEFAULT: If Guest defaults for twenty four (24) hours in any of the scheduled payments or gives Agent a check, draft, or money order for any payment which is not immediately collectable, Agent may, without suit, court order, or notice to Guest re-enter and take possession of the Property. Upon re-entry under any of the above occurrences, Guest shall forfeit as liquidated damages any and all payment made prior thereto. In addition to the liquidated damages provided above, Guest shall be liable for such other damages as may be collectable at law. If Guest defaults on any scheduled payments prior to check in JLR will cancel the reservation and there will be no refund in any rental monies by Guest.
6. CANCELLATION AND SUBLET (RE-RENT) PROHIBITED: ALL DEPOSITS AND PAYMENTS ARE NON-REFUNDABLE. Guest agrees that this Agreement may not be cancelled, assigned or the Property sublet without the written consent of the Owner. If such consent is obtained, Guest may only sublet through the Agent for which Guest will pay 15% commission for said subletting, the cost of cleaning and rental tax where applicable. JLR will not attempt to re-rent the Property for the term described in this Agreement unless Guest and Owner give written authorization for the re-rental. If Agent is able to re-rent the Property for Guest, a 15% commission of the total rent amount will be deducted from payments received from the news/substitute guest. The Owner shall be paid in full before Guest is paid (repaid) under re-rental. If the Owner cannot be paid in full with the money received from the re-rental, the Guest shall be required to add such funds as necessary to make full payment to the Owner under the terms of this Agreement.
7. INSPECTION/INDEMIFICATION: Guest acknowledges that he/she has personally inspected the Property and accepts it in "as is" condition, or, if he/she has not inspected the Property, and/or rented by phone or online, he/she waives the right to withhold rent for any alleged deficiency in the Property or to otherwise claim that the Property or it's location has been misrepresented to him/her either by Owner or Agent. Both Guest and Owner agree that to the best of their knowledge and belief the Property complies with the statutes, rules and regulations of all governing authorities. Guest agrees that the Property is in good, sound and reliable condition and that if he/she is not personally acquainted with the condition of the Property that he/she will immediately make an inspection thereof to determine any issue or problem that may result in injury to him/her, or his/her family or guests, and that he will indemnify JLR, and/or Owner for any injuries, accidental or otherwise that may be incurred or suffered upon the Property for any cause whatsoever during the term of this contract.
8. LOSS: If during or prior to the term of this Agreement, the Property is so damaged by fire or other casualty, without fault or negligence of the Guest, that it is rendered wholly unfit for occupancy and cannot be repaired, then this Agreement shall terminate as of the date of such damage, and the Guest shall be fully refunded or pay the rent apportioned to the time of the damage. Guest shall be responsible for insurance on his/her personal property.
9. BEACH REPLENISHMENT/CONSTRUCTION: JLR and/or Owner will not be held responsible and no refunds will be given for any inconvenience or disturbances due to beach replenishment efforts initiated by state, federal or local authorities and construction nearby.
10. SIGNATURE/TERMINATION: Notwithstanding any other assurance to the contrary, this Agreement is not legally binding or effective unless signed by both parties and deposit for rent received by Agent. There is a non-refundable processing fee charged on every reservation. Thereafter, and at any time prior to the taking of occupancy by the Guest, both the Owner and Guest agree that for any reason whatsoever and at its sole option without liability to either Owner or Guest, JLR, may void this Agreement by returning the executed copies of the Agreement to Owner and Guest along with notice that the same has been voided by the Agent . Upon the return of the rental deposit to the Guest this Agreement shall be terminated. During the term of this Agreement, it may be terminated by Owner or JLR for breach of any rule or regulation or for inappropriate activities or improper conduct, in sole discretion of Owner and JLR. If this Agreement is terminated during its terms, due to the conduct of the Guest or their guests, no payments will be refunded. Guest shall forfeit the damage deposit and will be responsible for any costs over and above the damage deposit to restore the Property to its condition at check-in. Further, if any illegal or objectionable activity is reported including, but not limited to, underage consumption of alcohol, it is expressly understood that this license agreement will be immediately terminated and guests will be expelled with no refund in rent. If, in the Agents' sole discretion, the Guest becomes objectionable, the Guest agrees to remove himself/herself and his/her effects from the Property at the request of the Agent. If Guest fails to vacate the Property upon Agent's request, then he/she agrees to be liable for all damages for the holding over in violations of this provision of this Agreement without regard to the issue of whether or not Agent made the request to leave for good cause including any attorneys' fees. Owner agrees that Agent shall not be liable for damages caused by Guest.
11. OCCUPANCY: It is agreed that the Property is limited for occupancy and that occupancy in excess thereof shall constitute cause for termination of this Agreement at the option of Owner or JLR.
12. AGENCY: It is mutually agreed that JLR, is acting as Agent only and has no liability to either party for the performance of any term or covenant of this Agreement and has no liability to the Guest or to anyone else if for some unknown reason it should later be determined that the Property does not meet with requirements of government authorities. Guest acknowledges that JLR is acting as agent for the Owner and represents the Owner's interest.
13. TAX: Rental tax, where applicable, shall be paid by Guest under this lease Agreement.
14. PAYMENT SCHEDULE: 50% due upon reservation, balance due 30 days prior to check-in, unless specified otherwise (in season rentals are payable in full immediately). $50.00 NSF fee. A 3% convenience fee will be charged for credit card payment.
15. CABLE/INTERNET/ELECTRIC CAR: Guest agrees NOT to upgrade/alter Owner's cable or internet services.. JLR cannot guarantee cable/internet service if interrupted. No use of property electric for car charging unless otherwise specified.
16. PETS: Pets are not permitted in the Property, unless it is specified as a "pet friendly" property .Breach of this prohibition will constitute grounds for immediate termination of this Agreement. A "pet friendly" property is defined as a property where an Owner will allow Guests to bring their pet. JLR cannot guarantee a pet has never been on the Property at any time. Guests must disclose any allergies prior to occupancy.
17. NO LANDLORD-TENANT RELATIONSHIP: Guest acknowledges that the Property is being rented as "transient lodging" because the Agreement is for less than one hundred and twenty (120) days. Therefore, this Agreement is not governed by the Delaware Landlord-Tenant Code.
18. INDEMNIFICATION: If Owner or JLR is sued (or threatened with suit) by Guest or any of Guest's family, relatives, friends, guests or invitees for personal injury or death, or loss or damage of personal property sustained during Guest's occupancy of the Property, use of sidewalk, driveway or upon adjacent property of Owner for any reason or whatever the cause (excluding willful conduct on Owner's part) Guest will indemnify and save harmless from, and concurrently reimburse Owner and JLR for all legal costs, attorney fees and expenses reasonably incurred in the defense of such claim and from any adverse judgment rendered against Owner or JLR in Owner's individual or corporate names. Further, any dispute between the parties or suit against Owner or JLR shall be filed and the case heard in an appropriate court of the State of Delaware and Guests hereby submit themselves jointly and severally to the personal jurisdiction of any court of the State of Delaware in Sussex County having jurisdiction over the amount or subject of the dispute between the parties.)
19. PARKING: Where the Owner provides off-street parking, only one (1) space is required. Guest agrees to comply with all parking and vehicle restrictions, including but not limited to restrictions prohibiting parking of RV's, boats, commercial vehicles, etc.
20. PROCURING CAUSE: Owner and Guest hereby acknowledge that their relationship of Licensor/Licensee (Owner/Guest) hereby created was brought about through the offices and services of JLR, Agent, acting as agent of the Owner. If at any time during the two calendar years beginning January 1st after the termination of this Agreement, the Owner should lease t/license the property to the Guest for a future term, there shall be due and payable to said Agent from the Owner a further commission of the total rent fixed in any such agreement.
21. GUEST RESPONSIBILITIES: Guests are responsible to disclose allergies to smoke or pet dander, as neither the Owner nor JLR guarantee that properties are free of smoke or pet dander. IF MORE THAN ONE (1) TV, (1) DVD,CD PLAYERS, RADIO, BICYCLES, BEACH CHAIRS,HAIR DRYER, BLENDER, IRON AND IRONING BOARD are provided, they are provided as a courtesy of the Owner and in the event of failure or theft, replacement is not guaranteed. Charcoal to be provided by guest.
22. SWIM AT YOUR OWN RISK: If the Property has a pool or hot tub, neither the Owner nor JLR guarantees the operation, maintenance, opening, closing or coverage. In addition, pools are not heated. No refunds are provided for the condition of a pool or hot tub.
23. NO SMOKING: No smoking may occur in the Property. Owner cannot guarantee that smoking has never taken place at the Property. Guests must disclose any allergies he/she may have regarding smoke.
24. RULES & REGULATIONS: Guests agree to abide by all rules and regulations set forth by the Owner, JLR, any local municipality, homeowner's association, property owner's association, condonminium association, or municipality or group with authority over the property.
25. HURRICANE/ PANDEMIC (FORCE MAJEURE & FRUSTRATION OF PURPOSE) AND TRAVEL INSURANCE: JLR offers all short term tenants travel interruption insurance, therefore, Guests will not be offered any refunds if the guest cannot attend due to acts of God, civil riot/ protest, war, acts of terrorism, strikes, labor unrest, a pandemic, a declared State of Emergency or for any other reason outside the control of JLR and the Owner. If a mandatory evacuation is ordered by local government during Guest's occupancy of the Property. Guest agrees to evacuate as instructed by Agent. No refunds are provided for evacuations of any kind. JLR strongly recommends the purchase of travel insurance. For more information about travel insurance contact CSA Global Generali for details 866-999-4018.
PROVISIONS
Please note that the following Provisions apply to the vacation accommodations you have selected for your Folio#: [[l_leaseid%%Folio: Folio #]]. For additional information on these provisions, please contact our office at 800-345-3469 or by email to rentals@jacklingo.com. If there are special instructions or provisions for this property, they will be listed below. Please initial here to acknowledge that you have read the provision below YOU MUST PUT SOMETHING IN EACH FIELD, EX. N/A.
MISCELLANEOUS:
You agree and have verified that for purpose of this vacation rental agreement that Your confirmation number shall serve as Your unique signature and to be bound by same and in the same manner as if You had otherwise ordinarily executed the document. This Agreement, together with the attachments referenced herein and attached hereto, constitutes the entire agreement between the parties relating to the subject matter hereof, and supersedes all prior written oral negotiations, representations, or agreements. No modifications of this Agreement shall be binding on either party unless it is in writing signed by both parties. Each section, subsection or paragraph of this Agreement shall be deemed sever-able and if for any reason any portion of this Agreement is unenforceable, invalid or contrary to any existing or future law, such unenforceable or invalidity shall not affect the applicability or validity of any other portion of this Agreement. For all purposes, hereunder, facsimile or electronic signatures shall be deemed to be originals and such signatures shall be given the same effect as would an original signature. THE PARTIES ACKNOWLEDGE THAT THEY HAVE READ THIS AGREEMENT, UNDERSTAND IT, AND AGREE TO BE BOUND BY ITS TERMS AND CONDITIONS, INCLUDING THE CANCELLATION POLICY.