Jersey Shore Summer Vacation Rental Agreement

RENTAL AGREEMENT ~ TERMS & CONDITIONS


Initial payment & signed rental agreement must be received within 10 days of the date of this agreement.

1. RENTAL: The Guest agrees to rent from the Owner and the Owner agrees to lease to the Tenant/Guest the above captioned Property. Owner and Guest understand and agree that the Property is a vacation rental. The Guest is a transient guest or seasonal Guest. The New Jersey Anti-Eviction Act does not apply to this rental. This Lease is valid only when accepted via signature by Owner or Broker (agent for owner), and may be terminated by the Owner upon default of any payments or other obligations of the Guest, as outlined in this Rental Agreement. Shore Points Vacations with Keller Williams Ocean Living is herein referred to as Broker.

2. OCCUPANCY/USE/CARE OF PROPERTY: The maximum number of persons allowed to occupy Property, including children, is determined by local Certificate of Occupancy. The Guest shall take possession of and use the Property only as a private residence for no more than the maximum number of persons. The Guest shall not allow the Property to be used for any business, professional or unlawful purposes. House trailers and recreational vehicles are not permitted on the Property. There shall be no alterations to the Property and no fixtures, appliances or air conditioners shall be installed without written consent of the Owner. The Guest affirms that minors will not occupy the Property unless an adult is present. It is the policy of Broker to rent (1) to family groups only, or (2) to non-family groups only when agreed to by Owner or Broker wherein at least two Guests signing the Rental Agreement are 24 years of age or older and will supervise and be responsible for members of the group that are under 24 years of age. A family is defined as parents, grandparents, children and extended family members vacationing in one property. A non-family group is defined as unrelated adults, high school students, college students or any other type of a situation not meeting the age requirement stipulated herein. Should Broker personnel or Owner ascertain a non-family group occupying a property in violation of the age requirement; the group is subject to immediate termination of the Rental Agreement with no refund. Broker reserves the right to refuse rental, cancel existing reservations and terminate occupancy without refund if the occupancy, in our opinion, is detrimental to the rental property and its owner, whom we represent, without refund. Unreasonable noise or disturbance by the Guest may result in eviction. Guest agrees to return premises to Owner on expiration date of Lease in as clean and good condition as reasonable use will permit and to repair, replace or pay for any breakage or damage to the Property, furnishings and equipment. Guest is only responsible for breakage or damage done by Guest and/or their guests. SMOKING IS NOT PERMITTED!

3. ACCEPTANCE OF PROPERTY: Opinions as to the condition of the Property vary from individual and are very subjective. If the Guest has not personally viewed or inspected the Property, the Guest shall not rely on any opinion expressed by a third party, including the Broker, Owner, Website or Owner Website. The Guest bears sole risk of renting the Property SIGHT UNSEEN and in not being satisfied with the condition of the Property at the time of check-in. IT IS HIGHLY RECOMMENDED THAT THE GUEST PERSONALLY VIEW THE PROPERTY BEFORE SIGNING THE RENTAL AGREEMENT. THE PROPERTY IS BEING RENTED “AS IS”.

4. NON-LIABILITY OF THE REALTOR: The Owner and the Guest understand and agree that Broker and their agents are not Property Managers or Rental Managers for the Property. The Agents are acting merely as Rental Agents in this Rental Agreement transaction. Broker shall not be liable for any claims, demands, damages or costs in any manner relating to either alleged defects or problems with the Property or to any other circumstances surrounding the rental. Guest understands that all Guest payments are the property of Owner with exception of the commission, admin fees and Accidental Rental Damage Insurance. Broker has no authority to return any Guest payment without the consent of the Owner. This agreement is entered into based upon the Guest’s independent knowledge of the Property or the representations specifically contained in the Rental Agreement and not on any representations made by the Broker or Owner. Broker shall not in any event be held liable to the Owner or Guest/guests visitors for the condition of the rental property.

5. SUGGESTED ITEMS TO BRING: The Owners do not provide: sheets, pillow cases, pool/beach towels, bath towels, laundry detergent, dish detergent, paper products of any kind, beach supplies, bikes and personal items unless otherwise noted in the “Detail” section of the Property on the website. The full list of amenities is found on each Property on the Broker website, www.shorepointsvacations.com though no warranties are given as to its accuracy. Appliances, air conditioning, and amenities are not guaranteed and refunds will not be given due to breakdown. Repairs will be made as soon as possible. (Please see paragraph 8 “Repairs”). *Propane for gas grills is the responsibility of the Tenant.

6. PARKING: Please be sure to comply with local ordinances and posted condo association rules and regulations. Broker will not be responsible for parking tickets or towing expenses. Vehicles are not allowed in the rental parking spaces after check-out. If determined the Guest has their car parked at the property after termination of this Short Term Rental Agreement, Guest will be subject to their vehicle being ticketed and/or towed at Guest’s expense.

7. WASTE/RECYCLE/TRASH: All of the municipalities recycle. Therefore the Guests are responsible to separate all trash according to the Property in which you are renting. Please follow posted rules and regulations. Recycling is mandated by the State of New Jersey and will be strictly enforced! The Guest will be responsible for any charges for removal or fines that are levied by the City to the Property during your specific rental period.

8. REPAIRS: Please report any necessary repairs to the
Broker office between the hours of 9:00 AM to 4:00 PM at 732-892-0123 or email [email protected] Broker is not responsible for any maintenance or repair of the Property and any such obligations or issues are solely responsibility of the Guest and Owner.

9. VISITATION PERMISSION: Upon reasonable notice the Owner or Broker shall have access to the Property to provide services, inspect and/or make any necessary repairs. In case of emergency or the Guest’s absence, the Owner or Broker may enter the Property without the Guest’s consent. Broker shall have access with reasonable notice to show premises for sale.

10. INSURANCE OF GUEST’S BELONGINGS: The Owner DOES NOT provide insurance covering loss to any of the Guest’s belongings. The Guest has total responsibility for securing protection against loss by fire or other cause to the Guest’s belongings. It is the responsibility of the Guest to make sure all valuable and personal items are removed upon checking-out of the property. Broker and Owner are not responsible for any items left behind in the Property.

11. SPECIFIC PERFORMANCE: Broker is acting as a transaction agent only and does not warrant nor guarantee specific performance of any Rental Agreement. We reserve the right to decline offering a rental to anyone misrepresenting themselves in any fashion. At times due to reasons beyond ours or the Owner’s control but not limited to a double booking, death of an owner or foreclosure, a comparable unit may be offered a Guest.

12. KEYS: All keys given and held by the Guest are to be returned to Rental Agent at the termination of this rental agreement. There is a $25 charge for each set of keys, fobs, or swipes not returned and/or lost. This will automatically be charged against the security deposit. By acknowledging this rental agreement you permit Rental Agent to charge up to $100.00 for a lock change and/or replacement keys.


13. CHECK-OUT: Prior to 10:00 AM on scheduled departure date. When checking-out Guests must be mindful of the next family and be sure the following items are completed.
1. Remove personal belongings.
2. All trash and recyclables must be placed in their proper receptacles and set curbside on appropriate date.
3. All utensils and dishes utilized must be washed and placed away where they were found.
4. General cleaning of each unit must be completed. Each unit must be left in a neat and tidy condition and in the condition you found upon check in.
5. All keys must be returned to the Broker office from which the Guest checked in.


14. CLEANING SERVICE: It is the obligation of the Guest to surrender the Property in good, clean condition by the time specified in the lease agreement. Prior to arrival each Property is checked and cleaned/sanitized by Owner or owner cleaning service. Daily Cleaning is not included. Guest may have option to pay for house cleaning at end of term.

15. VACATION RENTAL DAMAGE PROTECTION: Included as a part of your stay, a Vacation Rental Damage Protection plan designed to cover unintentional damages to the rental unit interior that occur during your stay provided they are disclosed to management prior to check-out. The policy will pay a maximum benefit of up to $3000.00. Any damages that exceed $3000.00 or are not covered under the plan will be Tenant responsibility. If, during your stay at one of our rental properties, an insured person causes any damage to real or personal property of the unit 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 CLICK HERE. The Vacation Rental Damage plan can be purchased up to, and including at, check-in. By submitting payment for this plan, you authorize and request Generali Global Assistance & Insurance Srvcs to pay directly to Broker any amount payable under the terms and conditions of the Vacation Rental Damage.  Please contact Broker directly if you do not wish to participate in this assignment.  In the event you do not wish to purchase this plan, a $3000.00 Security deposit is required, paid via cash or check only.  House cleaning, lost beach badges, broken glass table/umbrella from wind, theft or other intentional damages are examples of items not covered.

REPORTING DAMAGES: Upon arrival, if you discover any damage to the Property or have an incident resulting in damage to the  Property - Please report it immediately to our offices at 732-892-0123 or email: [email protected].

16. SECURITY DEPOSIT: IF APPLICABLE. Regardless of a security deposit or not, it is the obligation of the Guest to surrender the Property in good, clean condition by the time specified in the Agreement; normal wear and tear is expected. Possession shall include common areas in the case of a condominium or townhouse. In the event of no deposit or insufficient deposit, the Guest agrees to pay for damage or unclean condition, or be willfully sued by Owner. Security deposits in the form of a check will be returned by mail, if the Property is left in satisfactory condition (no damages), keys are returned and items such as trash and recycling have been handled in accordance with local laws. All security deposits are held in trust by Broker. Should an Owner feel the need to withhold a security deposit for a specific reason(s), Broker would like both parties to understand our procedure for handling security deposit holds:


  Owner: Within 3 days of departure, we require immediate notification via phone or email of a pending security hold and the reason(s) for this hold. Within 10 days of departure an Owner must send to our attention via email detailing the nature of the security hold along with pictures.

  Broker: Shore Points Ward Team/Keller Williams Ocean Living will convey to the Guest this list in addition to the photos while acting as the intermediary between Owner and Guest in hopes of bringing the circumstance to a conclusion within the 30 days following the Guest’s departure.

  Guest: Guest will be expected to respond. If Guest does not respond within ten days, deposit will be forfeited to the Owner.
All Parties: Should a circumstance not be remedied by each party within the 30 day period following a Guest’s departure date the security deposit will remain in escrow while the Owner decides the appropriate course of action up to and including filing a case in Small Claim’s Court.
     1. Failure to follow the above timelines by either party will result in normal release of the deposit.
     2.
Broker can only assist in this process and will not be expected to provide legal advice. Broker will not be held liable or accountable by either party for performing our stated policy of returning security deposits after check out following a Guest’s departure date without a list detailing the need to continue to hold pending a remedy. Should either party feel the need for legal representation either party has the right to do so. Broker is acting only as Agent and is not responsible for the acts of either Guest or Owner.

17. OPTIONAL TRAVEL INSURANCE: Vacation Rental Insurance has been made available with your reservation. Vacation Rental/Trip Cancellation Insurance provides coverage for prepaid, nonrefundable expenses due to certain unforeseeable circumstances that may jeopardize your vacation investment and force you to incur unplanned expenses. We strongly recommend you purchase this valuable protection. Separate terms and conditions apply, read your Description of Coverage/Policy carefully and contact Generali Global Assistance at (866) 999-4018 or www.vacationrentalinsurance.com with coverage questions.

18. VIOLATION OF LEASE AGREEMENT: Upon violation of the following terms and conditions, specifically any occupancy limits, substantiated parking, noise and/or trash complaints the lease is subject to immediate revocation, and Guest is subject to immediate removal from the Property, the security deposit will be forfeited for cleaning and other expenses. Additionally, Guest acknowledges that they may be subject to consequential damages as a result of their violation, including, without limitation, damages associated with Broker.

19. FORCE MAJEURE: In the event your stay at the vacation rental becomes impossible or uninhabitable for any reason outside Broker or Owners control, including (but not limited to) natural disasters, fire, evacuation orders, or other acts of government agencies, we will do our best to make alternative arrangements for you where possible. If we cannot then Owner & Broker shall refund all monies paid to them. No refund shall be made for inclement weather unless Broker/Owner initiates the cancellation. This will be the full extent of our liability to Guest in such circumstances, and we will not be responsible for any other costs connected with any such cancellation. In the event of any evacuation order Guest & their invitees must comply.

20. RESERVATION PAYMENTS: Advance rental payments can be paid by check via regular mail, or in person seven days a week from 9am to 5pm. Our reservations are NOT subject to local or state sales/occupancy taxes, which saves Guest 11-15% vs. other online market places, or through Owners direct. All reservations are subject to a non refundable admin fee of $25 + $50 for accidental rental damage insurance, and this must be paid with the initial payment. Signed vacation rental agreement must be received by office no later than 10 days after initial payment. Personal checks are acceptable for advance rental amounts provided that check-in date is no less than 30 days away. If check-in date is within 30 days, all rental payments must be in guaranteed cash form only (cash, certified or cashier’s check, money order). Any returned checks will incur a $25.00 fee to be added to your balance.

 

21. CANCELLATION POLICY: Please note that in the event the Tenant wishes to cancel this lease, he/she/they shall

make such request in writing to [email protected]. Thereafter, lease shall be terminated only after

another Tenant is secured or permission from the owner is otherwise granted. Tenant acknowledges that

Shore Points Vacations/Keller Williams Realty Ocean Living will not permit a refund after the initial ten (10) day          ___________

period. A mitigated refund amount will be offered if the unit is re-rented. Refunds will be mitigated according               Tenant Initial

to the following calculation method: Total Rental Amount less 100% administrative, booking, insurance fees,

less 100% commission fee of 10% of rental amount.