Vacation Home Rental Terms & Conditions
209 WEST 11TH STREET
ResortQuest Delaware Reservation Terms
1. By this Agreement the Tenant and/or Occupant(s) leases from Landlord (through ResortQuest) the property described above.
2. This lease shall be deemed to have been accepted by Tenant by virtue of Tenant tendering a deposit, as required. Tenant to sign lease and return with registration card. Deposit is non-refundable and non-transferable.
3. Check-in Procedure:
a. ONLY TENANT CAN CHECK IN. TENANT MUST ALSO OCCUPY PREMISES DURING ENTIRE RENTAL PERIOD.
b. Check-in time is after 3 p.m. Check in at the ResortQuest office, in Lem Hickman's Beach Plaza East, on Route 1 in Bethany Beach, across the street from Edgewater House on Sea Colony's oceanfront. Checkout time is before 10 a.m. NO EXCEPTIONS.
c. Methods of Final Payment:
1. Check, cash, money order, traveler's checks, American Express, MasterCard or VISA credit cards. Proper ID required by all tenants upon request. Signature of Tenant is mandatory for all credit card authorizations.
2. Final Payment is due 30 days prior to check-in.
d. Recreation/Guest Fee - Community associations may designate a rate to be charged to Tenants for use of community facilities under their control. Those associations will collect, or designate us to collect, a required fee per person per week or less, from all Tenants and their Guests. If ResortQuest has been designated to collect this fee, it will be collected when final payment is made. This fee is not optional, is non-refundable and is a condition of your rental. This fee is subject to change without notice. ResortQuest does not benefit financially from the collection of Guest Fees.
e. Trip Cancellation Insurance is intended to protect tenant's travel investment in the event of unforeseen circumstances, which would cause cancellation. Tenant will be provided with a document detailing the plan, which will also serve as Certificate of Coverage and Description of Services. To decline coverage, initial in the space provided above and deduct the Trip Cancellation Insurance Premium from the deposit. To accept coverage, pay the deposit. Coverage will begin 24 hours after ResortQuest receives your payment. (See 4.c. for additional information on Cancellation Policy). Tenant understands that Agent receives a referral fee for sale of this product.
f. Late Checkout - Tenants checking out after 10 a.m. will be charged a $100 late checkout fee. Any checkouts after 10:30 a.m. will be assessed an additional $15 charge every 15 minutes.
4. By execution of this lease, Tenant acknowledges and agrees to the following Rules, Regulations and Restrictions:
a. Tenant must be 18 years of age or older to enter into a lease. Satisfactory proof of age may be requested prior to checking into the unit. This age requirement is a strict condition of the lease, a breach of which shall result in the forfeiture of the full lease payment and eviction.
b. The property will be used only as a private dwelling and only for the use of the Tenant named herein.
c. This lease may not be assigned, transferred or sublet by Tenant. If reservation must be cancelled, Tenant must send ResortQuest a written notice of cancellation. This written notice must be received before ResortQuest will attempt to re-rent the unit for the full time period at the same rate. If written notice is received more than 30 days prior to check-in, the Tenant (you) will be assessed 10% of the full rental amount, in addition to the 6% reservation fee. If written notice is received less than 30 days before arrival, then Tenant (you) forfeits the entire rental amount, in addition to the 6% reservation fee. If re-rental is successful and unit re-rents for the same time period at the same rate, Tenant (you) will be assessed 10% of the full rental amount, in addition to the 6% reservation fee. Also, if re-rental is successful, original tenant (you) will not be responsible for final payment nor is original Tenant (you) responsible for condition of the unit after the second tenant leaves. The reservation fee is non-refundable. Transfer to another property at the request of the Tenant will be treated as a cancellation.
d. If Tenant fails to appear or fails to notify ResortQuest of a late arrival, the unit will be reserved for 24 hours beginning at 3 p.m. on the day of check-in. After which, the unit will automatically be put into re-rent status and Tenant forfeits any rights to the unit. All money paid up to this time will also be forfeited.
e. Tenant agrees to surrender possession of the property hereby leased at the expiration of this lease, peaceably and without delay, in as good and same repair as it was found at the commencement of this lease, acts of God excepted, and to reimburse Landlord/ResortQuest all costs, including attorney fees, for all damages. ANY DAMAGE DISCOVERED AT OCCUPANCY SHOULD BE REPORTED IMMEDIATELY TO RESORTQUEST.
f. If during the term of this lease the building is damaged by fire or other casualty and the unit cannot be occupied, the lease shall terminate on that date and Tenant shall be liable for rent only to the day of the casualty.
g. Neither ResortQuest nor the Landlord shall be liable for any injuries, accidental or otherwise, to any person or property of the Tenant, Occupants, visitors or anyone at the unit with the permission of any of the above during the term of this lease. Tenant hereby agrees to indemnify ResortQuest, its related entities and their agents, employees and servants, and the Landlord for any injuries, accidental or otherwise, that they have incurred or suffered on the premises for any causes whatsoever during the term of this agreement. It is further understood and agreed, neither ResortQuest nor the Landlord shall be liable for property left in the unit by the Tenant, even in the event the property left in the unit is picked up and returned by mail.
h. If the Tenant, Occupants, Guests, visitors or anyone at the unit with the permission of any of the above become disorderly, create excessive and/or objectionable noise, otherwise violates the terms hereof or any other applicable law or breach of the Rules and Regulations governing the property, or if any person under the age of 21 years is consuming alcoholic beverages, then said conduct is a breach of the lease and Tenant or Occupants shall agree to and shall vacate the property and forfeit the full lease payment. Delaware law forbids anyone under 21 years of age from consuming any beer, wine, distilled spirits, etc., including consumption at any private function.
i. ALL RESORTQUEST UNITS PROVIDE TELEPHONE SERVICE; HOWEVER, THAT SERVICE IS NOT GUARANTEED, AND LONG DISTANCE CALLS AND OTHER TELEPHONE CHARGES ARE TO BE CHARGED TO YOUR CREDIT CARD OR HOME NUMBER. REMEMBER THAT OCEAN CITY, MARYLAND, IS A LONG DISTANCE CALL. Tenant will be charged a $10 billing fee plus toll charges for long distance calls and other telephone charges that are made by Tenant and billed to Landlord. Units do not have separate lines available for computer/Internet access.
j. TENANT ACKNOWLEDGES THAT HE/SHE ACCEPTS THE UNIT IN “AS IS” CONDITION AND WAIVES THE RIGHT TO WITHHOLD RENT OR TO BE COMPENSATED IN ANY WAY FOR ANY ALLEGED DEFICIENCY. Tenant also acknowledges that the Landlord-Tenant Code does not apply to a lease of less than 120 days and agrees to conform to municipal, county and state laws and regulations and community rules (enclosed).
k. Due to local service conditions, we do not guarantee air conditioning or the appliances in the rental unit. There is also no representation guaranteeing the operation of recreational facilities or scheduled recreational events. COMPLETION TIME FOR CLEANING THE UNIT IS NOT GUARANTEED. In the event repairs are necessary, best efforts will be made to make immediate repairs. Only ResortQuest may make any service calls to outside contractors. Any service ordered by Tenant from an outside contractor will be the total responsibility of the Tenant, even if such services are determined, at a later date, to be needed. Tenant may not refuse ResortQuest, Landlord or outside contractor the right to enter the property to make reasonable repairs as determined by ResortQuest. Owner or Agent may have access to Property at any time at their sole discretion for the purpose of inspection, maintenance or repair. Bedding is not warranted as to the comfort.
l. TENANT AND LANDLORD AGREE THAT RESORTQUEST IS ACTING AS AGENT ONLY AND HAS NO LIABILITY TO EITHER PARTY FOR THE PERFORMANCE OF ANY OF THE TERMS OF THIS AGREEMENT.
m. Tenant acknowledges that ResortQuest has the right to transfer this lease to a similar ResortQuest property or refund payment in the event that unforeseen circumstances occur. All conditions of this lease will transfer to the new property.
5. IMPORTANT INFORMATION: PLEASE READ CAREFULLY. Tenant and/or Occupant(s), visitors and all people at the unit with permission of the above agree to abide by the Rules and Regulations of the community in which they are staying. Prior to check-in, the Tenant is specifically alerted to the following:
a. NO ANIMALS OF ANY KIND SHALL BE ALLOWED. VIOLATION WILL RESULT IN IMMEDIATE EVICTION WITH FORFEITURE OF THE FULL LEASE PAYMENT.
b. MAXIMUM OCCUPANCY FOR THE UNIT IS STATED ABOVE. VIOLATION OF THE MAXIMUM ALLOWABLE OCCUPANCY WILL RESULT IN IMMEDIATE EVICTION WITH FORFEITURE OF THE FULL LEASE PAYMENT.
c. FOR SEA COLONY: PARKING IS LIMITED. TENANT WILL RECEIVE TWO PARKING PERMITS. THE SEA COLONY COMMUNITY ENFORCES SPECIFIC REGULATIONS FOR PARKING. Cars must vacate the property by 10 a.m. on checkout day. CARS IN UNAUTHORIZED SPACES WILL BE TOWED AT OWNER'S EXPENSE. Agent is not responsible for illegally parked cars.
d. FOR SEA COLONY: Tenants staying in Sea Colony East properties are advised that their vehicles must not be taller that 6' (including roof-top carriers) so as to fit under buildings.
e. Vans, trucks, motor homes, other recreational vehicles, boats and trailers are prohibited in ALL communities represented by ResortQuest.
6. It is mutually agreed that this is a legally binding agreement and that any disputes or legal proceedings that may arise out of this agreement by either party shall be brought in Sussex County, Delaware. The laws of the State of Delaware shall govern this agreement. It is further agreed that under no circumstances will liabilities of the Landlord or the Agent be more than the full amount of this lease.
Tenant acknowledges that he/she has read this agreement in its entirety prior to the execution thereof, and further acknowledges that he/she understands terms of said agreement and that he/she fully agrees thereto. Tenant hereby authorizes ResortQuest to charge the following credit card any costs associated with this reservation, including but not limited to the initial deposit and/or balance due within 30 days of arrival.
**** ACCOMMODATIONS: All of our rental homes are privately owned. Properties are decorated according to the taste of each individual owner. All properties at Sea Colony & Bear Trap feature a fully equipped kitchen, including a dishwasher, coffee maker and microwave. You'll also have a washer/dyer; central air/heat, telephone, cable color TV with VCR and many homes have music systems. NOTE: Properties in communities other than Sea Colony & Bear Trap may differ.
**ADDITIONAL CHARGES: Included with each reservation - Reservation processing fee; Recreational fee; or security deposit. Fees are not optional and are non-refundable. RECREATION & GUEST FEES: The Sea Colony Recreational Association and The Village at Bear Trap Dunes Owners Association charge a fee per week per visitor 4 and over. The 2008 fees were as follows: $10 from 1/1-5/16/08 & 9/13-12/31/08; $15 from 5/17-6/6/08 & 8/29-9/12/07; and $35 from 6/7-8/30/07. These fees are subject to change without notice. These fees are mandatory and are charged to you when you make your reservation.
**LEASE AGREEMENT: Please be advised that, by making a reservation you will be creating a tentative agreement to rent/lease accommodations at ResortQuest Delaware Beaches. This will become a binding agreement once you have been contacted by one of our Rental Representatives within 48 hours, advising you of your confirmation number, at which point your reservation is subject to all policies & procedures as set forth above.
**** COURTESY ITEMS NOT GUARANTEED. Please note that courtesy items, including, but not limited to, video game systems, internet access and foosball tables, provided by the homeowner are not warranted or guaranteed.
******* 2009 Web Bookings - We are in the normal course of renewing lisitng agreements with our owners for 2009. As a result, all bookings made for that period are tentative, pending the owner relisting the property in 2009. If you have any questions, please contact our rental reservations staff at 888-500-4254.