Terms and conditions - Coldwell Banker Premier

Terms & Conditions

Coldwell Banker Premier Property Management

Thanks for your business and we hope you enjoy your stay in our property!

TRAVEL INSURANCE: Is not available through Coldwell Banker Premier for Residents of New York or Hawaii. Insurance is available through Coldwell Banker Premier for all other states. The plan is optional but we strongly recommend it. Vacation Rental Insurance provides coverage for the loss of pre-paid, non-refundable 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. For questions concerning travel insurance or to make a claim due to a cancellation, please call Generali directly at 866-999-4018. The insurance premium is 6.95% of the total rent. Go to- http://www.csatravelprotection.com/certpolicy.do?product=G-330CSA to view a Description of Coverage / Policy.

Vacation Rental Damage Protection: Many property owners in our inventory, have opted into a Vacation Rental Damage Protection Program as part of their effort to provide you protection and protect their property. If applicable, the fee is listed on your lease agreement and covers you for accidental damages during your stay. The SafelyStay, Inc. Trust and Safety Fee includes up to $3,000 of coverage for accidental contents damage and for accidental property damage coverage. Complete terms regarding the Trust and Safety coverage can be found at http://safely.com/terms.  The Trust and Safety Fee is refundable only if the reservation is canceled in writing at least twenty-four (24) hours prior to the arrival date.  Any deductible or minimum claim amount will be the responsibility of the Guest and Coldwell Banker Premier will process using the form of payment on file for Guest. In the event this vacation rental damage protection is not applicable, a security deposit as applicable to this property shall be added to the amount due and listed above.

1. INSPECTION: It is extremely difficult to fully describe properties over the telephone or internet. Therefore, we strongly urge each Tenant(s) to personally inspect a property before placing a deposit. Tenant(s) acknowledges that they have personally inspected the property, and accept it in “as is” condition, or if they have not inspected the property, they waive the right to withhold rent for any alleged deficiency in the premises or to otherwise claim that the property has been misrepresented to them either by Owner or Agent. Both Tenant(s) and Owner agree that to the best of their knowledge and belief the premises comply with the statutes, rules and regulations of government authorities. Tenant(s) agrees that the premises are in good, sound and reliable condition. If Tenant(s) is not personally acquainted with the condition of the premises, Tenant(s) will immediately make an inspection thereof upon taking occupancy and will immediately notify Agent in writing if they determine any weaknesses that may result in injury to them, their family and guest(s). Tenant(s) further agrees to indemnify Coldwell Banker Premier, Agent/and or/Owner for any injuries, accidental or otherwise, that may be incurred or suffered upon the premise for any cause whatsoever during the term of this lease.

2. ADVANCED PAYMENT: 1/2 of the rental rate shown on page 1 of this Residential Lease Agreement, plus Trip Cancellation Insurance, if selected, the Processing Fee, and this signed Lease Agreement must be returned to Coldwell Banker Premier within ten days of the date you communicated to agent to reserve the property, unless otherwise noted on page 1.  If Lease Agreement and advance payment are not returned to Coldwell Banker Premier within the allotted time, the reservation will be automatically cancelled without notice. Advance payment may be made by check, e-check, credit card, or money order. Should the Tenant(s) desire to use a credit card to make any payments they will be accessed a 2% convenience fee on the amount charged. Any credit card or e-check payments may only be made by a Tenant(s) whose name and signature appear on this Lease Agreement, whose full address has been provided Agent, and who is authorized to make payments from such account.

3. BALANCE DUE: All remaining amounts, including taxes, security deposit or vacation rental damage protection insurance fee if applicable, any and all fees for goods or services as shown must be received by Coldwell Banker Premier 30 days prior to arrival. Coldwell Banker does not automatically charge the balance due to a credit card on file. If the balance is not received 30 days prior to arrival, Coldwell Banker Premier shall have the right, without further notification, to deem the reservation canceled.  Coldwell Banker is not responsible for notifying the tenant that the balance is due. A $50 handling fee will be charged for all returned checks. NO PERSONAL OR COMPANY CHECKS WILL BE ACCEPTED WITHIN THE 30 DAY PERIOD PRIOR TO CHECK IN. For reservations made less than 30 days from check in, all funds, or TOTAL as shown on form are due immediately. ALL RESERVATIONS MUST BE PAID IN FULL PRIOR TO CHECK-IN AND POSSESSION OF THE PREMISES. Funds received by Coldwell Banker Premier will be processed through its rental escrow account.

4. TAXES: All accommodations or lodging/rental taxes required by the City of Rehoboth Beach, Dewey Beach, Lewes, Henlopen Acres, or any other applicable municipality, or other Governmental Authority are charged to the Tenant(s).

5. SMOKING: Smoking in properties leased as "Non Smoking" shall result in a $200 fine to the Tenant(s). Charges, fines or damage resulting from pets or smoking are not covered by the vacation rental damage protection insurance.

6. LINENS AND PERSONAL/PAPER PRODUCTS: Tenant(s) shall furnish bed sheets, towels & blankets. Pillows, mattress covers and bedspreads are provided by the Landlord. Tenant(s) shall provide their own paper and personal products which include but is not limited to toilet paper, paper towels, soaps, detergent etc., as well as any beach gear.

7. CANCELLATIONS & DEFAULT: Rental deposits and payments are non-refundable. Tenant(s) may ask in writing that the property be re-rented so long as the lease is not in default. Tenant(s) will be required to enter into a written re-rent authorization with Agent.  A re-rent fee of 15% of the total rent will be due if said property is re-rented. If property is not re-rented, the full deposit will be forfeited, and balance of rent and applicable fees are also due and payable. Owner is to be paid in full before Tenant(s) is to be paid under re-rentals. ASSIGNMENT AND SUBLET: Tenant(s) is not permitted to assign or sublet this Lease Agreement without express written permission. DEFAULT: Time is of the essence on all payments. If Tenant(s) defaults for 24 hours on any payment, or gives Agent a check, draft, or money order which is not immediately collectible, Owner and/or Agent may, without suit, court order, or notice to Tenant(s) re-enter and take possession of the premises or terminate lease if possession has not occurred. Tenant(s) shall forfeit all monies paid prior to such default, and in addition, shall be liable for such other damages as may be collected by law. In the event Tenant(s) shall violate any provisions of the Agreement resulting in successful legal action by Agent and/or Owner, Tenant(s) shall reimburse the prevailing party for all attorney fees.
8. SECURITY DEPOSIT & DAMAGES: Each property has its own security deposit and/or damage insurance policy. Any damage to the property other than normal wear and tear is the responsibility of the Tenant(s). The Owner or Owner’s cleaning crew will report all damages. Tenant(s) is liable for any and all damages to the premises, furnishings, equipment, and household items therein, which occurred during the tenancy. Excess cleanings for weekly rentals shall be no less than $75.00. Agent is hereby irrevocably authorized to deduct any reported damages and there after to return any security deposit (less deductions) to the Tenant whose name first appears on Page 1 of the Residential Lease Agreement. Agent is authorized to charge any damages up to $1500 not covered by the security deposit or vacation rental damage protection insurance to the credit card(s) on file used in connection with this Lease Agreement. Agent shall be authorized to charge Tenant(s) a $75.00 lock out assistance fee at their discretion. In the event of multiple Tenants or Co-signers on this Lease Agreement each shall be jointly and severally liable.

9. CLEANING: Our goal is to have each weekly property cleaned between 10:00 AM & 3:00 PM. Because it will occasionally be necessary to clean beyond these times, we reserve the right to clean the premises until 6:00 PM on day of check-in. Tenant(s) shall place trash and recyclable cans out for pick-up at the designated areas in accordance with community pick-up schedule. Failure to do so may result in an additional cleaning fee that will be the tenants responsibility. Tenant(s) agrees to peacefully and without delay surrender the property at the expiration of this lease in as good condition as it was at the commencement, reasonable wear and tear excepted. All vehicles and Tenant(s) possessions must be removed from the property by 10:00 AM on the date of expiration of this lease. Tenants that have not vacated the property by 10AM will be subject to a $200 late checkout fee. Neither the Agent nor Owner assume responsibility for items left by Tenant(s) upon vacating.

10. SALES SHOWINGS: In the event that the property is being offered for sale, Tenant(s) may be asked to allow access to the property with reasonable notice, for the purpose of sales showings.

11. POOLS AND EQUIPMENT: Properties listing swimming pools or outside hot-tubs will usually have them available from mid-June until Labor Day. Pools and hot-tubs may not be available at other times and cannot be guaranteed. Use of fireplaces is limited to the off-season. The use of grills on balconies, decks or indoors is strictly prohibited.

12. SEASONAL TENANTS:(Memorial Day to Labor Day, plus additional days) In the event this Lease Agreement is for a Seasonal Rental, a separate Seasonal Rental Lease Addendum containing additional terms, conditions and payment schedules shall be attached hereto and made a part of hereof. Should a conflict exist between this Residential Lease Agreement and the Seasonal Rental Lease Addendum, the Seasonal Rental Lease Addendum shall govern.

13. POSSESSION: In the event that the Owner is unable to deliver said Property to Tenant(s) 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(s) hereby agrees that Agent & Owner’s sole liability as a result of any of these conditions is the full refund of all consideration previously tendered by Tenant(s). Agent shall make such refund promptly. Pursuant to the terms of this lease, Tenant(s) expressly acknowledges that in no event shall Agent or 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 Agent is able to relocate Tenant(s), Tenant(s) agrees to pay any difference in rental amount.

14. RISKS: Tenant(s) understands that there are inherent risks associated with any property, including risks associated with any special feature, such as spa, hot tub, sauna, Jacuzzi, pool, etc. Tenant(s) certifies that they are thoroughly familiar with how to properly use premises, including all special features included therein or thereon. Tenant(s) will be responsible to explain how to use each and every feature of the dwelling to Tenant(s)’ guests. Tenant(s) agrees to defend, indemnify, and hold harmless Owner and his Agent from and against any and all damages, loss, liability or expense including, without limitation, attorney fees and legal costs, suffered directly or by reason of any claim, suit or judgement, brought by or in favor of any person or persons, including without limitations minors, for damage, loss or expense due to, but not limited to, bodily injury and/or property damage sustained by such person or persons which arises out of, is occasioned by, or is in any way attributed to Tenant(s)’ use or occupancy of the premises or acts or omissions of Tenant(s) or guests, invitees or licensees of Tenant(s), including without limitation friends and relatives of Tenant(s), except to the extent caused by the sole negligence of Owner. Tenant(s) further agrees that Tenant(s) is responsible and liable for, and will pay upon request, any damages that occurs to the premises or any portion thereof due to Tenant(s)’ and/or their guest’s misuse and/or negligent use of the premise or any portion thereof.

15. NO REFUNDS: Except as otherwise provided herein, Tenant(s) shall not be entitled to any refund or rebate due to acts of nature, delay in check-in, unfavorable weather, disruption of utility services, including internet service if applicable, malfunctioning or missing equipment/appliances/furnishings, surrounding construction and associated noise, inconvenience or disturbances due to beach replenishment efforts, empty propane gas cylinders for fireplaces or gas grills or any other situation occurring not under Agent’s control. Agent cannot guarantee Properties listed as “Non-Smoking” have not had previous smokers or that there does not exist any smell of smoke, nor can Agent guarantee that “No Pets” properties have not previously had pets. Tenant(s) covenants and agrees to vacate upon a mandatory evacuation order or if Agent in Agent’s sole discretion, deems it in the best interest to vacate. TRAVEL INSURANCE IS HIGHLY RECOMMENDED TO HELP PROTECT AGAINST CERTAIN UNEXPECTED EVENTS. Tenant(s) shall be responsible for insurance on Tenant(s)’ personal property.

16. DISCLAIMER: Every effort has been made to ensure that the information in this Lease Agreement and any online advertising including affiliated websites is correct. Agent will not be responsible for any errors contained therein.

17. INSPECTION AND REPAIRS: Inspections and Repairs to the property, its fixtures, appliances, furnishings and facilities during the rental period may be made by Owner, Agent or Agent’s representative. In the event a mechanical deficiency in the property is discovered by Tenant(s), Agent shall have a reasonable time after notice of same to correct said deficiency. Tenant(s) acknowledges that repairs, refunds, rebates, etc. are at the discretion of the Owner.

18. OCCUPANCY AND EVICTION: Occupancy is limited to the number on Page 1 of the Lease Agreement. Exceeding the occupancy limit shall cause for immediate termination of the Lease and Eviction. EVICTION: In the unlikely event that a Tenant(s) violates community/city ordinances, condo/HOA rules, becomes objectionable to neighbors, creates damage to the leased property, or otherwise violates the terms and conditions of this Lease Agreement, the Agent at their sole discretion and without suit or court order, may evict Tenant(s) with immediate effect. Only if the property is re-rented will the Tenant(s) be entitled to a prorated refund minus commission and any additional applicable marketing fees.

19. SPECIAL EVENTS: Coldwell Banker Premier welcomes reservations for your “Special Events” such as Rehearsal Dinners, Wedding Parties, Bachelorette Parties, Bachelor Parties, Graduation Parties/Beach Week, New Year’s Celebrations, Engagement Parties and/or Group Parties of 4 or more unrelated guests. All of our properties are privately owned and not all properties are available for such “Special Events” or during certain “High Risk” periods. Available properties may require modified terms and/or pricing for such rentals. In addition, approved Special Event leases will include a Special Event Addendum stating such rental is allowed. Properties not available for such “Special Events” may require a verified rental history and special terms during certain “High Risk” rental periods.
Unless a special event addendum is attached to your lease, this property is not available for a “Special Event”.  Tenant hereby acknowledges that they are not hosting a “Special Event” as defined above. Tenant acknowledges that if the tenancy is found to be a “Special Event”, the lease shall be terminated with immediate effect, in which event Tenant shall forfeit all monies paid prior to, and in addition, shall be liable for such other damages as may be collected by law.

20. AGENCY: Coldwell Banker Premier is acting under Delaware law as statutory agent for the Owner/Lessor ('s). The duties of a statutory agent are disclosed in Delaware's Consumer Information Statement (CIS), a copy of which will be provided by the agent to Tenant(s), upon request. Agent has no liability to either party for the performance of any terms or covenant of this Agreement. Tenant(s) acknowledges that all properties leased/rented through Broker are privately owned. A service fee may be paid to Coldwell Banker Premier for administration of additional services such as linen packages, travel insurance and optional vacation rental damage protection policies.

SOME OF THE ABOVE ITEMS AND CONDITIONS MAY BE ALTERED ON TENANCIES COVERED BY THE DELAWARE LANDLORD TENANT CODE. LEASES OF 120 DAYS OR LESS ARE CONSIDERED "TRANSIENT LODGINGS" NOT GOVERNED BY THE DELAWARE LANDLORD-TENANT CODE.

SIGNATURE: Tenant(s) acknowledges they are at least 18 years of age and have the legal capacity to enter into this Lease Agreement. Notwithstanding any assurance to the contrary, this lease is not legally binding or effective until signed by Tenant(s) and received by Agent along with any necessary supporting documents, processing fee, rental deposit, and valid credit card information if applicable. At any time prior thereto, this offer to Lease may be withdrawn by Agent without notice.This agreement, inclusive of the terms and conditions on page 1 plus the additional paragraphs 1 - 20 and any addendums attached thereto, constitutes a contract between the person(s) on the face of the lease and Coldwell Banker Premier as Agent for the Landlord to rent the dwelling described above.

Optional Linen Package:
The linen package includes the following (per bed) - 1 Flat Sheet, 1 Fitted Sheet, 1 Pillow Case (2 Pillow Cases if the bed is a Double, Queen or King)
Per Occupant - I Bath towel, 1 Wash Cloth and 1 Hand Towel
*800 thread count microfiber sheets
*Sheet set includes deep pocket fitted bottom , top and pillow case
*Towel sets include DXL bath towel, hand towel and wash cloth
*All sheets and towels sets are individually shrink-wrapped
The linens are dropped off at the home on your arrival date and picked up at the home on your departure date. It is the tenants responsibility to make the beds and remove the linens from the beds prior to departure. If there is an issue with your linens there is an on call person to assist 24 hours a day, this number is provided in the linen bag.

**If property has pool access.
The tenants, whose signature is affixed below, does agree to indemnify and hold harmless the property owner for any and all liability related to the swimming pool located upon the rented premises, including but not limited to, any personal injuries, including death, which may occur to us, our family members, co-tenants, sub- tenants, assignees and guests.
We understand there is not a lifeguard provided and therefore all gates to the pool must be kept locked and closed at all times.
*Pool privileges may be revoked for damages or disturbances in the pool area.
*Driving is strictly prohibited.
*No running, pushing, dunking or rough play in pool area.
*Swimmers must be free of colds and other contagious diseases
*All children must be accompanied by an adult
Tenant(s) recognizes and accept the obligation to supervise all persons at all times who may use the pool during our tenancy.

Alternate Pet Language if applicable:
Upon receipt of the pet fee, the Landlord agrees to allow your dog (s) on the premises for the duration of the lease. The pet fee is to allow the pet on the property. Any extra cleaning, carpet cleaning or extermination fees due to pet (s) may be charged to the tenant.
Such permission may be revoked by Landlord at any time upon receipt of information or complaints to the effect that keeping the above mentioned dog is detrimental to the property or the neighborhood.
The Pet Fee is non refundable.

SIGNATURE: Tenant(s) acknowledges they are at least 18 years of age and have the legal capacity to enter into this Lease Agreement. Notwithstanding any assurance to the contrary, this lease is not legally binding or effective until signed by Tenant(s) and received by Agent along with any necessary supporting documents, processing fee, rental deposit, and valid credit card information if applicable. At any time prior thereto, this offer to Lease may be withdrawn by Agent without notice.
This agreement, inclusive of the terms and conditions paragraphs 1 - 20 and any addendums attached thereto, constitutes a contract between the person(s) on the face of the lease and Coldwell Banker Resort Realty as Agent for the Landlord to rent the dwelling described above.

CHECK-IN TIME IS 3:00 PM TO 5:00 PM
CHECK-OUT TIME IS 10:00 AM

Coldwell Banker Premier Property Management
20184 Coastal Highway
Rehoboth Beach DE 19971
302-227-5000
vacations@premiermove.com