VACATION RENTAL AGREEMENT
Vacay Ventures, LLC, a New Jersey limited liability company, hereinafter referred to as Owner, acknowledges receipt from Booking Guest hereinafter collectively referred to as Guest, the sum of the security deposit, and total amount as rent for the period of time hereinafter set forth in the reservation confirmation.
Guest offers to rent from Owner the premises situated at 116 Middle Pines Road, Warren, Vermont, being a five bedroom single family residence, hereinafter referred to as the Property, upon the following terms and conditions:
TERM: The term hereof shall commence at 4 o‘clock p.m. on the reservation start date and continue through 10 o‘clock a.m. on the reservation end date. This lease expires at the aforesaid date and time. Guest specifically acknowledges that the rental under this agreement ends at the expiration of this agreement and the guest agrees to vacate the Property at the expiration of the agreement without further notice.
RENT: Rent shall be the total amount as listed in the reservation confirmation for the agreement term. Rent includes heat, electricity, ordinary household rubbish removal (not appliances, tires, hazardous materials or the like), WiFi for telephone service, and Roku for streaming, lawn mowing, and snow plowing of parking areas. Owner will shovel snow from stairs and walkways after significant amounts of snow but Guest shall be responsible for clearing snow and ice from stairs and walkways during the term of this agreement. The Guest shall be responsible for moving the Guest’s vehicle(s) to facilitate snow removal.
CANCELLATION: A cancellation of at least 30 days prior to check-in will result in a full refund minus 4% processing fee. A cancellation between 7 and 30 days prior to check-in will result in a 50% refund minus 4% processing fee. A cancellation less than 7 days prior to check-in will result in no refund.
GUIDE BOOK AND RULES: Guest acknowledges receipt of the Guide Book for the Property which includes general rules and information for the Property.
SECURITY DEPOSIT: The security deposit paid under this Agreement shall secure the performance of Guest’s obligations hereunder. Owner may, but shall not be obligated to, apply all or portions of said deposit on account of Guest’s obligations hereunder including, but not limited to, the payment of expenses incurred in the removal and disposal of abandoned property at the Property, any damage to the property of Owner, and legal fees and other expenses incurred in the enforcement of any provision of this Agreement. Any balance remaining at the end of the agreement term set forth herein shall be refunded to Guest.
ABANDONMENT OF PROPERTY: Guest hereby specifically agrees that any property of Guest or individuals within the Guests rental group of any which remains on the Property at the expiration of this Vacation Rental Agreement shall be deemed to be abandoned and that no notice shall be required to be given by Owner to Guest or any other party prior to disposing of said abandoned property.
PETS (at 116 Middle Pines): Owner hereby consents to Guest having no more than 2 dogs only after approval and paying the pet fee. Guest agrees to maintain all required vaccinations and licensing for said pets, to abide by all Ordinances relating to the keeping of pets, to keep all areas of Owner’s property free from pet droppings and excrement (all such droppings and excrement shall be immediately picked up and properly disposed of), and to see that the pets do not in any way disturb the peaceful enjoyment of neighbors or others. If any of the agreements set forth in this provision are violated, Owner may require Guest to immediately remove some or all pets from the Property. Nothing herein shall be construed as approving of or agreeing to approve of any other, additional, or new pets.
Hot Tub: Guest agrees to maintain the hot tub as indicated in the guidebook. Failure to do so will result in a $150 hot tub service charge to be taken out of the security deposit.
USE: The Property shall be used for residential purposes only, with not more than twelve (12) persons at Between the Pines and 15 at Ellen’s Edge in residence, including children and no more than 10 adults at Between the Pines. No adults will be permitted to sleep on the top bunk beds. Guest shall not permit any activity on any portion of the property of Owner which disturbs the peaceful enjoyment of the property by neighbors or others including, but not limited to, loud music and parties, or which would violate any Federal, State, or local law, ordinance, rule, or regulation, or which would result in the increase of insurance premiums for Owner or result in the cancellation of any insurance policy of Owner.
Smoking is NOT PERMITTED inside the dwelling on the Property. Illegal substances are PROHIBITED on the Property.
PARKING is NOT PERMITTED on any grassy areas or on any areas which are not specifically plowed by Owner for parking purposes. Please note that violation of this provision may result in serious damage to the sewage disposal system serving the Property.
ASSIGNMENT AND SUBLETTING: The Guest shall not assign this agreement or sublet any portion of the Property.
MAINTENANCE, REPAIRS OR ALTERATIONS: The Guest acknowledges by signing this Agreement that Guest has inspected the Property and accepts the Property in its condition as of the execution of this Vacation Rental Agreement. Guest shall, at his, her or their own expense, and at all times, maintain the Property in a neat, orderly, clean and sanitary manner including all equipment, appliances, furniture and furnishings therein and shall surrender the same at termination hereof, in the same condition as received, normal wear and tear excepted. The Guest shall not paint, paper, install nails, screws or adhesives, or utilize any electric or other space heaters, or otherwise make any alterations whatsoever to the Property, nor shall the Guest permit any of their guests or invitees to do so.
The Guest shall promptly notify Owner of any defect in the Property or in any of the fixtures or equipment therein, whether caused by Guest or Owner or otherwise, and provide Owner with a reasonable opportunity to remedy the condition. Failure of Guest to provide such notice shall be construed as a waiver of said condition and of any and all claims that the Guest has been evicted, wholly, partly or constructively, from the Property.
SMOKE AND CARBON MONOXIDE DETECTORS: Guest agrees to notify Owner immediately if any smoke detector or carbon monoxide detector is not working.
ENTRY AND INSPECTION: Guest shall permit Owner or Owner’s agents, representatives, or employees (including contractors and sub-contractors) to enter the Property at reasonable times and upon reasonable notice as hereinafter set forth for the purpose of inspecting the premises or showing the same to prospective Guests or purchasers, or for making improvements or for repairs and maintenance. Guest specifically agrees to allow Owner or Owner’s agents, representatives, or employees access to the property between the hours of 9:00 a.m. and 6:00 p.m. upon 24 hours notice by telephone or by notice left at the Property. Owner or Owner’s agents, representatives, or employees may enter the Property without notice to, or consent from, Guests when Owner reasonably believes that there is imminent danger to any person or to property of Owner or any Guest on Owner’s property.
INDEMNIFICATION: Guest hereby indemnifies and holds harmless Owner, and its successors and assigns, against any and all claims, demands, causes of action, damages, costs, expenses, losses and liabilities at law or in equity, including attorney’s fees incurred in the enforcement of this indemnity, of every kind or nature whatsoever, including but not limited to injury to or death of any person or persons and injury to property arising out of any accident or other occurrence, which arises out of or is caused by the acts, negligence or omission of the Guest, their agents, servants, guests, or invitees or any failure of Guest in any respect to comply with and perform all of the requirements and provisions of this Lease and the rules contained in the Guide Book.
INSURANCE: Guest shall be responsible for insuring their own personal property including, but not limited to, any vehicles and for any travel insurance.
DEFAULT: Any failure by Guest to pay rent when due or perform any term hereof shall, at the option of Owner, terminate all rights of Guest hereunder. In the event that Guest shall be absent from the premises for a period of 10 consecutive days while in default, Guest shall, at the option of Owner, be deemed to have abandoned the premises. Recovery of the premises by Owner shall not relieve Guest of any obligation hereunder and Owner may let the Property to others upon such terms and conditions as Owner deems proper and recover from Guest sums due hereunder, less any consideration received from others for the use of the Property for the remaining term hereof, after paying expenses. In the event of default by Guest, Owner shall have all remedies provided by law or in equity.
ATTORNEY’S FEES: In the event of litigation commenced by either party relative to this Lease-Rental Agreement, Guest agrees to pay Owner’s attorney’s fees and other reasonable costs of enforcement of the terms of this Vacation Rental Agreement, together with interest at the rate of 12% per annum on all amounts due, if Owner prevails in such an action.
WAIVER: No failure of Owner or Guest to enforce any term hereof shall be deemed a waiver of any right or remedy that the Owner may have and shall not be deemed to be a waiver of any subsequent breach of any such term, nor shall any acceptance of a partial payment of rent be deemed a waiver of Owner’s right to the full amount thereof.
NOTICES: Except as otherwise specifically set forth herein, any notice which either party may or is required to give may be given by mailing the same, postage prepaid, by certified mail, to Guest or Owner at the addresses below, or at such other places as may be designated by the parties from time to time.
HOLDING OVER: Any holding over after expiration hereof shall be construed as a tenancy at sufferance.
GOVERNING LAW: This Vacation Rental Agreement shall be construed and governed by the laws of the State of Vermont.
AGREEMENTS MERGED: This Vacation Rental Agreement contains the entire agreement and understanding between the parties; there are no other written or oral understandings, terms or conditions.
AMENDMENT: This Vacation Rental Agreement may not be amended except by written instrument duly executed by Owner and Guest.
SEVERABILITY: In the event any provision of this Agreement is found by a court of competent jurisdiction to be void or ineffective for any reason, such voidness or ineffectiveness shall not affect any other provision of this Agreement.
MISCELLANEOUS: The provisions of this Vacation Rental Agreement shall be binding upon and insure to the benefit of the heirs, successors, legal representatives and assigns of Owner and Guest. Where more than one Guest executes this Agreement, Guests shall be jointly and severally liable for the performance of all the terms and conditions of this Agreement.
GUEST SPECIFICALLY ACKNOWLEDGES THAT THE RENTAL UNDER THIS AGREEMENT ENDS AT THE EXPIRATION OF THIS AGREEMENT AND GUEST AGREES TO VACATE THE PROPERTY AT THE EXPIRATION OF THE AGREEMENT WITHOUT FURTHER NOTICE.