Guest Policies and Conditions:
Reservations and Vacation Rental Agreements are subject to the following conditions and fees.
You agree that you will be present at the Vacation Rental for the entire duration of the reservation and that you will be responsible for the actions and behavior of each individual present at the Vacation Rental during your stay. This includes ensuring each individual in your party or otherwise present at the Vacation Rental is aware of and in compliance with the terms identified in this Agreement.
1) Check-In
Check-in time is no earlier than 4:00PM (EST). EVLPRE will use every reasonable effort to have the Vacation Rental ready for occupancy by this time. Please notify us if you will be arriving after 5:00PM. Please promptly notify EVLPRE of any damage found upon your arrival.
2) Check-Out
Check out time is no later than 10:00AM (EST). If you or any member of your group fails to vacate the Vacation Rental by the designated check-out time, you grant Owner/ EVLPRE the right to charge for an additional night, which may be deducted from the security deposit. All keys must be returned to EVLPRE’s office upon departure. A charge of $25.00 for each key not returned will be deducted from the security deposit.
3) Security Deposit
Your security deposit will be held in escrow by EVLPRE. Guests are responsible for the property, its contents, and themselves during occupancy. Guests must lock windows and doors securely when not in the premises. Rearranging the furniture or removing any items from the unit is prohibited. The security deposit may be used for reimbursement of damages beyond normal wear and tear to the Vacation Rental or for other charges owed by the Guest or any individual present at the Vacation Rental during their stay. Damages may include additional cleaning fees, missing items, and/or any fines or other costs incurred by the behavior of the Guest or any other individual present during their stay in violation of laws or other regulations. If you have purchased the RentalGuardian Property Protection, you agree damage not covered by, or exceeding the waiver limit of, the accidental rental damage waiver is your full responsibility. You grant EVLPRE the right to charge the credit card number on file for any such damages. The security deposit may be used to satisfy any fees and conditions herein. Any damage to the Vacation Rental during a Guest stay must be reported to EVLPRE before check-out. Security Deposits shall be returned to Guest within 14 business days of departure.
4) Cancellation Policy
If a Guest wishes to cancel his/her reservation, the Reservation Deposit will be refunded as follows:
●100% if cancelled 60 Days prior to the Arrival Date, less Non-Refundable Processing Fee $75.00.
●0% if cancelled after 60 Days prior to the Arrival Date.
5) Housekeeping
Your Vacation Rental will be clean and in order for occupancy prior to your arrival. If you notice any problems, hazardous conditions, housekeeping issues, or maintenance issues, please notify EVLPRE immediately. If the Vacation Rental is not in the condition represented in the rental listing, EVLPRE may, in its sole discretion, offer an appeasement; provided, however, that in no event will such an appeasement exceed the amount you paid for the reservation. You hereby acknowledge that if the Vacation Rental has access to shared amenities, the repair and maintenance of such shared amenities may not be within EVLPRE’s or the Owner’s responsibility or control. Guests are required to pay a cleaning fee associated with the cost of cleaning the rental property on departure. The cleaning fee will vary by vacation rental size and complexity. Guests are required to follow the checkout instructions at the rental, which includes returning furniture to its original locations, load and run dishwasher and remove all food brought into the property. Guests are advised that the cleaning fee does not mean a “deep cleaning” therefore, leaving the property in poor condition or failing to follow the departure instructions may result in additional cleaning fees, which will be deducted from your security deposit. Daily maid service or mid-stay cleans on the dates of your choice are available to you for an extra cost depending on the frequency, and size of the property. This service will be offered at the time of booking; however you can add this on at any time before or during your stay.
6) Waste Disposal
All waste must be bagged and placed in proper receptacles. Guest is cautioned not to leave trash outdoors because it attracts animals. If during a post-check inspection of the property it is found that waste was not bagged and placed in receptacles, the guest will be charged a clean-up fee.
7) Maintenance
During your stay we request that you promptly report any maintenance issues to EVLPRE. Our staff will respond to your needs as quickly as possible. The Owner will make every effort to assure appliances and said amenities are in good working order. No refunds will be provided due to inoperable appliances, hot tubs/pools or saunas. If the Vacation Rental has access to shared amenities, the repair and maintenance of such shared amenities may not be within EVLPRE or the Owner’s responsibility or control. You agree to allow the Owner, EVLPRE, and/or their agents reasonable access to the Vacation Rental during your stay if requested. Such access may be necessary to resolve maintenance related issues you report. In the event of an emergency, the Vacation Rental may be accessed without prior notice or permission.
8) Pets
For the majority of our rental properties, pets of any kind are strictly prohibited. Select properties may be available for rent designated as “pet friendly” an additional pet fee will be quoted at the time of booking. Pet owners will be financially responsible for any damages and/or extra cleaning which will be deducted from the security deposit. Having a pet in a property that does not allow pets is grounds for immediate eviction without refund.
9) No Smoking/No Burning of Candles/Fires
Smoking and/or vaping is not permitted in any EVLPRE rental properties, nor may candles of any kind be burned. Some properties have fireplaces that are NOT for use, others have use restrictions that will be provided by the Owner. Even in circumstances where fires are allowed, large roaring fires are not permitted as they can cause damage to the flue, the structure and possibly the building or surrounding environment. Therefore, all fires must be small in nature and must be operated responsibly with a screen in place at all times. If a non-working fireplace is used by you or your guests, or if a fireplace is used in a manner which violates the Owner’s restrictions on fireplace use, such misuse shall be considered a breach of this agreement and may subject your removal without refund. If you have any questions about operation, please call the caretaker of the property or EVLPRE. Violations are subject to an additional charge of $500 plus the expense of any necessary cleaning which will be deducted from the security deposit.
10) Hot Tubs
Guest is responsible for following all instructions at the property and for maintaining the proper water levels or reporting low water levels to ensure the hot tub remains in good working order. For outdoor Hot Tubs, please abide by the Good Neighbor Policy and local noise ordinance. Not following the rules could result in repair or replacement of Hot Tub or its systems at Guest’s expense.
11) Age Requirements
Rental properties will NOT be rented to vacationing students or young adults (under 21) unaccompanied by a responsible parent or guardian. A PARENT MUST BE STAYING IN THE UNIT AT ALL TIMES. RENTAL UNITS ARE MONITORED FOR VIOLATION OF THIS POLICY. VIOLATORS WILL BE EVICTED WITH ALL RENTAL PAYMENTS BEING FORFEITED AND ADDITIONAL CHARGES WILL BE APPLIED. RESERVATIONS MADE UNDER FALSE PRETENSES ARE NULL AND VOID AND CHECK-IN WILL NOT BE ALLOWED. This policy includes reservations made by parents who do not check in, and/or who leave overnight during the length of the stay. NO EXCEPTIONS!
12) Falsified Bookings
If your booking was made under false pretense, including, but not limited to, a falsified name or size of party, or UNACCOMPANIED MINORS you will be subject to immediate cancellation of your reservation, removal from the property, and forfeiture of all amounts paid.
13) Maximum Occupancy (Group Size) & Events
For the safety of all our guests, the maximum number of occupants is listed in the Agreement. Maximum Occupancy applies to “any given time”, no parties or gatherings (in excess of Maximum Occupancy) are permitted in our rental properties at any particular time. For clarification, this number applies to all overnight guests, day visitors and children. Unless otherwise approved by your EVLPRE, occupancy over the indicated capacity may result in the immediate removal of you and other members of your party from the Vacation Rental and forfeiture of all amounts paid. Maximum occupancy is established by the Owner and/or Municipality. EVLPRE is not authorized to make exceptions to these terms. In the event that Maximum Occupancy has been exceeded, occupancy may be terminated without a refund and certain fines or penalties may apply, as well. In the event that the occupancy is terminated, you and the members of your party shall be required to leave the premises within one hour. Any member of the party who fails to quit the premises shall then be considered to be trespassing under the laws of the State of New York. We have select properties for rent that allow events to be hosted in them. An event would be any gathering that exceeds the stated Maximum Occupancy. For those properties that allow an event, an additional fee will apply. We reserve the right to refuse a rental, cancel an existing reservation or terminate occupancy (without refund) if the number of guests exceeds the stated Maximum Occupancy or we are of the opinion that your actions will be detrimental to the property.
14) Good Neighbor Policy
Many of our rental properties are located in mix-use neighborhoods that include both short-term guests and year-round residents. Certain neighborhoods may also have their own “Good neighbor policies” which must be followed by renters and their guests, as well. Please be sure to observe all rules and regulations, which are provided for each property. All guests, as well as owners, are required to conform to all rules and regulations of the properties. Violators are subject to eviction.
● Please abide by all noise, traffic, and refuse rules. Please also respect the rights and space of nearby homeowners and other rental guests.
● Parking is allowed in your designated area ONLY. Some properties allow only two (2) vehicles, no boats, watercraft or RV’s. Specific properties do have vehicle registrations. Please inquire about allowed parking for your accommodations, especially if you are taking a multi-family vacation, traveling with leisure-craft or will be parking more than two vehicles at your vacation residence at any time during your stay.
● Parking Plans must be followed or you risk being towed at your own expense.
15) Property Rules and Regulations/Locality Rules and Regulations
The Vacation Rental may have specific rules and policies regarding large groups, parties, pets, smoking/vaping, quiet hours, parking, pool and/or hot tub usage, and other local laws and regulations, HOA, or property regulations. These rules may be detailed in the description section of the Vacation Rental listing, in an Exhibit attached hereto, or may be otherwise found at the rental property or delivered to you, and are incorporated into this Agreement. Please review these terms carefully, as violation(s) may result in additional fees or the immediate removal of you and other members of your party from the Vacation Rental without refund. All stated house rules are established by the Owner or the HOA or municipality and EVLPRE is not authorized to make any exceptions to these rules. Please observe all rules and regulations governing the use of the property you are occupying. In the event that the Guest’s occupancy should result in any fines, penalties, or legal proceedings levied against the Owner or the property as a result of the Guest’s actions or their guests actions during their stay then the Guest hereby warrants and agrees to reimburse the Owner for the full amount required to resolve the matter pursuant to a local government determination.
16) Security of Personal Property
Neither Owner nor EVLPRE assumes responsibility for any acts of theft or vandalism, or other damages to any personal property. This includes personal items left behind in the accommodation at departure. However, we will put forth every effort to recover such items for you at your request. If personal items are left behind, we will ship them back to you via UPS Ground to your address. We will ask for your credit card details to pay for shipment.
17) No Subletting
It is expressly understood and agreed that this is a short-term vacation rental and is not a lease or other long-term residential tenancy agreement. This Agreement is only for the licensed use of the Vacation Rental for the stated reservation dates. It creates no property rights in you and no rights to renewal or for recurring usage. You shall not sublet the Vacation Rental or any part of it and shall not assign any interest (in whole or in part) to this Agreement or any rights hereunder.
18) Waiver
Guest acknowledges and agrees to lease the premises “as is”. Guest understands and acknowledges that any information presented or received from EVLPRE about the premises is deemed reliable but not guaranteed. Guest waives any claim against Owner and EVLPRE arising out of the condition of the premises or Guest’s dissatisfaction of the same.
19) Force Majeure
Neither EVLPRE nor Owner shall be liable for events beyond their control which may interfere with Guests occupancy, including but not limited to Acts of God or governmental agencies, inclement weather, construction noise, fire, disease, evacuation orders or pandemic. No refund will be offered in these circumstances. EVLPRE may choose to cancel your booking and issue a partial or full refund or booking credit of the amounts paid to EVLPRE.
20) Jurisdiction & Venue
This Agreement is made in, and shall be governed solely by the laws of the State of New York without regard to conflict of laws principles. If for any reason a claim is legally not subject to mediation or arbitration and proceeds in court instead, such action may only be brought in the local or state courts servicing Essex County, New York and each party hereby submits to the exclusive jurisdiction of those courts for the purposes of any such proceeding.
21) Mediation & Arbitration
If you have a dispute that arises from or relates to this Agreement and if the dispute cannot be settled through direct discussions, you agree to try first to settle the dispute by mediation in Essex County, New York with a qualified mediator selected and agreed upon by both parties, the costs of said mediation to be shared equally by the parties. If the dispute is not settled by mediation, you agree to submit all unresolved disputes, controversies or claims to binding arbitration in Essex County, New York. Any award of the arbitrator cannot exceed the total amount paid for the Guest’s booking at issue. You expressly waive all claims in excess of the booking and agree that your recovery shall not exceed this amount. Any such award shall be in satisfaction of all claims by you against EVLPRE or the Owner. Judgment on any award rendered in such arbitration can be entered in and enforced by any court having jurisdiction. If EVLPRE or the Owner employs the services of an attorney or attorneys to enforce any conditions of this Agreement, you shall be liable for reasonable attorney’s fees and costs incurred.
22) General Terms
If any section, clause, paragraph, or term of the Rental Agreement is held or determined to be void, invalid, or unenforceable for any reason, all other terms, clauses, or paragraphs herein shall be severed and remain in force and effect. This Agreement shall be binding on and inure to the benefit of the parties hereto and on each of their heirs, executors, administrators, successors, and assignees. This Agreement or any rights hereunder may not be assigned (in whole or in part) by you.
23) Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT WILL EVLPRE, NOR ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND/OR OWNERS, BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, OR PUNITIVE DAMAGES ARISING OUT OF OR IN CONNECTION WITH YOUR STAY AT THE VACATION RENTAL. THIS LIMITATION APPLIES TO ALL CLAIMS FOR DAMAGES WHETHER BASED ON A THEORY OF WARRANTY, CONTRACT, TORT (INCLUDING ORDINARY NEGLIGENCE), STRICT LIABILITY, OR ANY OTHER CAUSE OF ACTION, EVEN IF OWNER OR EVLPRE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND EVEN IF THE LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
24) Disclosure & Indemnification
GUEST ASSUMES ENTIRE RESPONSIBILITY AND LIABILITY FOR ANY CLAIMS OR ACTIONS BASED ON OR ARISING OUT OF INJURIES, INCLUDING DEATH, TO PERSONS, OR DAMAGES TO OR DESTRUCTION OF PROPERTY, SUSTAINED OR ALLEGED TO HAVE BEEN SUSTAINED IN CONNECTION WITH THE RENTAL OF PROPERTY OR THE PERFORMANCE OF THIS AGREEMENT BY ENGEL & VÖLKERS, ITS AGENTS AND EMPLOYEES, AND/OR THE OWNER OF PROPERTY, REGARDLESS OF WHETHER SUCH CLAIMS ARE BASED IN WHOLE OR IN PART, ON THE ALLEGED NEGLIGENCE OF ENGEL & VÖLKERS, ITS AGENTS AND EMPLOYEES, AND/OR THE OWNER OF PROPERTY. GUEST FURTHER AGREES TO INDEMNIFY AND HOLD HARMLESS ENGEL & VÖLKERS AND ITS REPRESENTATIVES, OWNER OF PROPERTY, AND THEIR RESPECTIVE AGENTS, INVITEES, AND LICENSEES WITH RESPECT TO SUCH MATTERS AND AGREES TO DEFEND ANY CLAIM OR ACTION BROUGHT AGAINST ENGEL & VÖLKERS, OWNER OF PROPERTY, OR REPRESENTATIVES, EMPLOYEES, AGENTS, INVITEES, AND LICENSEES THEREOF.
25) Rental Permits & Bed/Occupancy Tax
Owner is responsible for any rental permits if required by law and solely responsible for registration and remittance of any municipal bed/occupancy tax on said rental. Owners are also responsible for checking with their insurance provider to ensure they have proper coverage in place for hosting short-term vacation rentals.
26) Counterparts
Rental Agreement may be executed in counterparts, that is, a binding agreement shall exist when each party has executed a copy of the agreement or acknowledged the same in writing, even if not the same copy.
REAL ESTATE BROKER/AGENCY DISCLOSURE: The parties acknowledge EVLPRE as the sole Real Estate Broker who brought about this agreement. EVLPRE is the Owner’s agent and acts solely on the Owner’s behalf. Owner agrees to pay a broker commission to EVLPRE for rental services provided.