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In consideration
of the monies received and the mutual promises contained herein,
the Owner of the subject Property, DIANE METTLACH, does hereby lease
and rent to Tenant that certain Property described above, under
the following terms and conditions.
1.
ADVANCE PAYMENT of one-half (1/2) of the rental rate shown above
and this signed lease agreement, must be returned to DIANE METTLACH
within seven (7) days of the date you communicated to the Owner
to reserve the Property. If lease agreement and advance payment
are not returned to DIANE METTLACH within the allotted time, the reservation
will be automatically canceled. A copy of the fully executed lease
as Tenant’s receipt for the advance payment will be returned
to leaseholder.
2.
BALANCE DUE, damage deposit waiver and any and all fees for
goods or services as shown above, must be received by DIANE METTLACH
10 days prior to arrival. If the balance is not received 10 days
prior to arrival, DIANE METTLACH shall have the right, without further
notification, to deem the reservation canceled, pursuant to paragraph
8 of the Confirmation and Lease agreement. Acceptable forms of payment
include; personal check, cashier’s check, or electronic check.
For reservations made less than 10 days from check in, all funds,
or TOTAL as shown above are due immediately. ALL RESERVATIONS MUST
BE PAID IN FULL PRIOR TO CHECK IN AND POSSESSION OF THE PREMISES.
3.
PETS
are not permitted in any of the rental properties with the exception
of pre-arranged circumstances. Violation is a material breach and
is grounds for immediate EVICTION. NO EXCEPTIONS – NO REFUNDS.
For those designated tenants that I do allow pets there is an additional
non-refundable fee. Pets shall be limited to two (2) domestic, housebroken;
nondestructive adult dogs (no puppies).
4.
FAMILY GROUPS ONLY – I rent only to family groups. The
tenant shown above acknowledges that he/she is at least 21 years
old and understands that he/she must personally occupy the property
for the entire period. Tenant further acknowledges he/she MAY NOT
rent the property in connection with a non-family use such as high
school, college or civic groups and to do so constitutes a material
breach, which would be grounds for immediate EVICTION. NO EXCEPTIONS–
NO REFUNDS.
5.
MAXIMUM OCCUPANCY, as shown above, must not be exceeded. Occupancy
count does include children. The hosting of parties, which would
increase maximum occupancy in the home, on decks, stairs or anywhere
on the property, is a violation of your rental lease. OVER OCCUPIED
PROPERTIES CONSTITUTES A MATERIAL BREACH AND ARE SUBJECT TO IMMEDIATE
EVICTION. NO REFUNDS, NO EXCEPTIONS.
6.
TERMINATION – If Tenant or any member of his party violates
any of the terms of this agreement, and then Owner may, at Owner’s
sole discretion, terminate this lease with no refund of the unused
portion of the rents and may enter the premises and remove Tenant,
the members of this party and their belongings. Any material breach
as set forth herein will entitle the Owner to expedite eviction
procedures. A material breach shall include, but not be limited
to, damage to the property, or failure to check out on a timely
basis
7.
CANCELLATIONS must be made in writing and received by DIANE
METTLACH 30 days prior to check in. Refunds are available if the property
is rerented. The tenant is responsible for verifying that DIANE
METTLACH has received the cancellation letter. If DIANE METTLACH is
unable to rerent the property, any and all prepaid rental payments,
administrative fees, and taxes due, will be forfeited. If the property
is rerented for full term of the original rental period, the only
refund due the canceling Tenant will receive a refund of any prepaid
rental payment, less a service charge of $100.00. If the property
is rerented for only a part of the original rental period, the only
refund due the canceling Tenant are those funds in excess of the
original rental rate, less a service charge of $100.00. Refunds will
be payable to the Tenant within 20 days after the subsequent rerent
payment has cleared our accounts. Tenant will be entitled to reimbursement
of any fees paid to Owner for goods, services, or benefits procured
by the Owner from third parties for the benefit of Tenant that have
not been paid out prior to DIANE METTLACH receiving the written notice
of cancellation.
8. TRANSFERS by tenant may be made from one week to another.
All requests for transfers must be made in writing and received
by DIANE METTLACH at least 20 days prior to check in. Transfers, which
occur, from a higher rental rate season to a lower rental rate season
will remain at the charge of the higher rental rate season. Transfers
from a lower rental rate season to a higher rental rate season will
be charged the higher rental rate.
9. SECURITY DEPOSIT/DAMAGE DEPOSIT WAIVERS. During March/April/May
our homes require a refundable security deposit, the purpose of
which is to enable the owner to recover some of the expenses incurred
for repairing damages caused by obvious abuse or neglect, for special
cleaning requirements, or for unnecessary service calls by guests
or failure to properly dispose of trash. You will not be obligated
to pay for accidental loss or damage to the contents of the rental
unit you occupy. The damage deposit waiver is limited to a maximum
total of $1,000 damage payment per stay. Damage deposit waiver coverage
does not include: Acts of God; Intentional acts of a guest; gross
negligence or willful conduct; any cause, if the guest does not
report the damage to DIANE METTLACH; normal wear and tear; damage
or loss caused by a pet or other animal brought onto the premises
by guest; the waiver applies only to the direct physical loss or
damage to covered property. It does not cover loss of use of such
property; the waiver does not apply for loss or damage to any property
owned by or brought onto the premises by a guest. All damage must
be reported promptly to DIANE METTLACH. I will have the sole authority
to determine the extent of repairs necessary. The guest must report
any loss or damage to the unit or its contents to DIANE METTLACH promptly
or this damage waiver is void. The damage deposit waiver becomes
effective upon check in. All benefits terminate at the end of the
stay. Owner will inspect property upon Tenant’s departure and
will bill for all costs for damages due to extra cleaning, repairs,
or replacements no reported to DIANE METTLACH. If the cost of the
damages is undeterminable by the time of departure, the tenant shall
remain responsible for such costs and agrees to pay promptly when
notified by Owner of assessed amount. Rearranging of furniture is
not permitted. TENANT MUST LEAVE PROPERTY CLEAN AND READY FOR
THE NEXT GUEST, ALL DISHES WASHED AND PUT AWAY, ALL FOOD REMOVED
FROM REFRIGERATOR AND ALL TRASH REMOVED FROM HOME, ALL BEDS MADE
PRIOR TO DEPARTURE AT CHECK OUT.
10. INSPECTION AND REPAIRS to property, its fixtures, appliances,
furnishings and facilities during the rental period may be made
by the Owner, or Owner’s representative during the rental period.
11. CHECK IN for Properties is 3:00 P.M. on the arrival date.
In extreme situations check in time may need to be extended until
5:00 P.M. for additional cleaning and regular maintenance. Tenant
shall not be on the Property, including driveways and outside showers,
prior to check in. TENANT MAY BE CHARGED UP TO AN ADDITIONAL
ONE (1) DAY RENTAL IF PROPERTY IS OCCUPIED PRIOR TO CHECK IN.
Keys will not be released until stated check in time.
12. CHECK OUT on the day of departure will be no later than
11:00 A.M. Tenant must return keys to the designated location on
check out day. No occupancy of the property, including driveways,
and outside shower, after check out will be allowed. TENANT MAY
BE CHARGED UP TO AN ADDITIONAL ONE (1) DAY RENTAL IF PROPERTY IS
OCCUPIED AFTER CHECK OUT.
13. LIMITATIONS OF REMEDIES, DAMAGES AND INDEMNITY
a) In the event that the Owner is unable to deliver said Property
to Tenant under this lease agreement prior to occupancy because
of fire, eminent domain, act of nature, double booking, delay in
construction or any other reason whatsoever, Tenant hereby agrees
that Owner’s sole liability as a result of any of these conditions
is the full refund of all consideration previously tendered by Tenant.
Owner shall make such refund promptly. Pursuant to the terms of
this lease, Tenant expressly acknowledges that in no event shall
Owner be held liable for any consequential or secondary damages,
including but not limited to, any expenses incurred, as a result
of moving, for any damage, destruction or loss. If Owner is able
to relocate Tenant.
b) Tenant understands that there are inherent risks associated with
any property, including risks associated with any special features.
Tenant certifies that they are thoroughly familiar with how to properly
use the premises, including all special features included therein
or thereon. Tenant agrees to release and indemnify the Owner from
and against all liability should anyone be injured upon the premises
during the term of this lease, resulting from any cause whatsoever,
except in the case of a personal injury caused by the negligent
act of the Owner or Owner’s employees, and Tenant further agrees
to indemnify and save harmless Owner and Owner’s employees
from any claims made by Tenant or Tenant’s guest for injury
or liability to person or property. Tenant further agrees that tenant
is responsible and liable for, and will pay upon request, any damages
that occur to the premises or any portion thereof due to Tenant’s
and/or his guest misuse and/or negligent use of the premises or
any portion thereof.
c) Tenant shall not be entitled to any refund or rebate due to acts
of nature, delay in check in, unfavorable weather, disruption of
utility services, malfunctioning or missing equipment/appliances/furnishings,
surrounding construction and associated noise, empty propane gas
cylinders for fireplaces or gas grills or any other situation occurring
not under Owner’s control. Tenant covenants and agrees to vacate
upon an evacuation order or if Owners in Owner’s sole discretion,
deems it in the best interest of the Tenant to vacate.
d) Every effort to insure that the information in this agreement
and Rental Brochure is correct. However, we will not be responsible
for any errors contained herein.
In witness
whereof, this agreement is executed by each party hereto. Tenant
acknowledges and accepts all terms as set forth on both sides of
this agreement, and the rules and regulations on the attached page.
Signature below must be that of the tenant shown above.
By: ______________________________________________________
(Signature)
TENANT: __________________________________________________
(Printed
Name)
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