NON-REFUNDABLE RESERVATION FEE:  I (We) (sometimes referred to as “tenant”) agree to pay a non-refundable reservation fee in the amount of $175.00 upon reserving the home.  This amount is not applied against the rental fee due or the security deposit.

SECURITY DEPOSIT/ SECURITY DEPOSIT WAIVER:  Tenant acknowledges that tenant shall be required to pay a security deposit or the security deposit may be waived, as required by the owner of the property.  Depending upon the property owner’s requirements, one of the two following provisions shall apply. 

A.  Security Deposit.  I (We) agree to pay a security deposit, in addition to the rent, in the amount as shown above.  The security deposit is due and payable at the time payment of the remaining 50% balance of the rental fee is due or the entirety of the rental fee is due, as provided below.  In the event of any damage to the property (i.e. the grounds, the home or the personal property of the owner contained within the home or upon the property) or the requirement that extraordinary cleaning be performed following tenant’s occupancy, the security deposit shall be used by Kinlin Grover Realty Group LLC (the “Company”) to repair the damage or replace the damaged property or perform extraordinary cleaning at the property, up to the amount of the security deposit.  Any repairs or property replacement necessitated by damage over and above the security deposit shall not be the responsibility of tenant.  However, any damage to the property (i.e. the grounds, the home or the personal property of the owner contained within the home or upon the property) as a result of 1) intentional, willful, reckless, or malicious acts of the tenant or others at the property during the tenancy, or 2) negligence of tenant or others on the property during the tenancy or intentional misuse of furnishings, appliances, equipment, or other amenities provided with the home, or 3) tenant’s breach or violation of any of the terms and conditions causing damage to the property, shall be the full responsibility of tenant, over and above the amount of the security deposit.  The security deposit, in whole or in part, will be returned to tenant, if applicable, after an inspection of the property by owner or owner’s agent and may be held for up to sixty (60) days following the departure date.  In the event that the security deposit is used by the Company, in whole or in part, to make repairs or replace damaged property or as otherwise provided in this Agreement, the Company shall provide an accounting to tenant, to include receipts, within sixty (60) days of the departure date.

B.  Security Deposit Waiver.  No security deposit shall be required.  As a result, I (we) will not be required to pay for accidental damage to the property (i.e. the grounds, the home or the personal property of the owner contained within the home or upon the property) up to an aggregate limit of $1,000.00 (“Exclusion Amount”).  Damages exceeding the Exclusion Amount will be the responsibility of tenant.  The Exclusion Amount limits tenant’s liability up to the Exclusion Amount, but does not cover or release tenant from responsibility and liability for damage due to the following:  1) intentional, willful, reckless, or malicious acts of the tenant or others at the property during the tenancy, or 2) damage by animals, birds or pets, or 3) damage caused or occasioned by smoking, or 4) theft from the property of either the owner or property belonging to the tenant or others on the property during the tenancy, where the property was not locked and secured, or 5) negligence of the tenant or others on the property during the tenancy or intentional misuse of furnishings, appliances, equipment, or other amenities provided with the home, or 6) damage caused while under the influence of alcohol or drugs, or 7) damage to the property (e.g., the grounds, grass, etc.) or to personal property resulting from operation of any motorized vehicle by tenant or others on the property during the tenancy, or 8) additional cleaning costs/fees above and beyond the standard cleaning fee for the property, or 9) tenant’s breach or violation of any of the terms and conditions causing damage to the property.  The Exclusion Amount shall be for the benefit of the tenant and all members of the tenant’s party and guests of the tenant.  All damages must be reported to the Company before check-out.  

PAYMENTS AND CANCELLATION POLICY:   I (We) are responsible for full payment of the rental fee for the entire rental period, according to the following payment schedule: 50% of the rental fee, plus any additional charges, is due with the return of this Agreement no later than the date shown on this agreement, and  the remaining  balance  is due May 1, 2024; provided, however, for rentals booked through online booking entities (e.g., VRBO) the rental fee shall be paid in accordance with the online booking entity’s requirements.  For reservations made less than 30 days prior to arrival or after May 1, 2024 payment must be paid in full by certified check, money order, credit card or travelers check payable to Kinlin Grover Realty Group LLC. Failure to make payments when due will result in the automatic termination of this Agreement, with the forfeiture of all amounts paid by tenant and tenant shall be responsible for the remaining payments otherwise required under the Agreement.  Moreover, the Company shall have no obligation to re-let the property.

If I (we) cancel the reservations thirty (30) or fewer than thirty (30) days prior to the commencement of the tenancy, I (we) will not be entitled to a refund of any amount of the rental fee or other monies paid related to the tenancy.

If I (we) cancel the reservations more than thirty (30) days prior to the commencement date of the tenancy, I (we) will not be entitled to a refund of any amount of the rental fee or other monies paid related to the tenancy; provided, however, that Company will use reasonable efforts to re-let the property and if Company is successful and re-lets the property, I (we) will be entitled to a refund of an amount equal to 80% of the rental fee paid by the substitute tenant, which Company shall pay to me (us); provided, however, that I (we) have paid the rental fee in full, and the substitute tenant rents the property for the same rental period. 

I (We) further acknowledge and agree that where Company undertakes to re-let the property, the rental fee to be charged to the substitute tenant shall be in an amount to be determined in the reasonable discretion of Company.

I (We) agree that any cancellation of the reservations, undertaken at any time, shall not be effective unless in writing and delivered to the Company.

If the above-captioned property becomes unavailable for any reason, at any time,  I (we) shall be entitled to a prorated refund of rental fee as our sole and exclusive remedy; provided, however, that if the property becomes unavailable as a result of a government order prohibiting the use of the property for rental purposes, then I (we) shall be entitled to a refund of the rental fee, less any amounts  payable under Travel Protection Insurance, if purchased by me (us). If I (we) do not personally inspect the property prior to signing this Agreement, I (we) agree to accept the property, as is, upon arrival, provided it meets the basic standards of habitability under Massachusetts law. In addition, I (we) agree that we will not be entitled to a refund of the rental fee, or relocation to another property and will have no claim or recourse against the Company.  The Company does not warrant or guarantee (i) that the property is hypoallergenic or (ii) the absence of conditions, including pet and smoking related conditions, that may cause, exacerbate or aggravate allergies or other health issues or problems and NO REFUNDS will be made for such conditions.  NO REFUNDS will be made for mechanical failures of systems or services at the property (including internet access and  cable television) or appliances and devices (including dishwashers, washer/dryers, TVs, VCRs, DVDs or microwaves); however, every effort will be made to have repairs made as quickly as possible.  NO REFUNDS will be made for conditions in the neighborhood related to construction being undertaken on/at other properties or roadways.  In the event that I (We) are in violation of Item No. 17 of the Terms and Conditions, below, I (We) acknowledge that I (We) shall not be entitled to occupy the property and NO REFUNDS will be made.

CREDIT CARDS:  Whether or not a credit card is used to pay all or part of the non-refundable reservation fee, or the security deposit, or the rental fee, I (We) agree to provide the Company with a valid credit card number.  I authorize the Company to charge the credit card for charges described in  the Terms and Conditions stated below, or for any damages for which tenant is responsible as provided in the paragraph entitled Security Deposit, above and/or for payments for which tenant is responsible as provided in the paragraph entitled Payments and Cancellation Policy, above.

I (We) agree that I (we) have read, understand and agree to the above terms and policies, and agree to the terms and conditions below which are made part of this agreement.

TERMS AND CONDITIONS

I (WE), THE UNDERSIGNED, renting the above-captioned property for vacation or recreational purposes, agree to the following conditions, in addition to all of the terms and conditions stated above:

1. All toll calls and TV movie and/or game rental fees must be charged by credit card.

2.  Owner or owner’s agents may enter the property and the home immediately, in the event of an emergency, in order to perform necessary repairs or maintenance, and with 24 hours’ notice, for normal maintenance and non-emergency repairs.

3.  Occupancy (including small children, infants and visitors) is not to exceed the limit cited above. If more than the maximum number is found to be occupying or using the property, this Agreement and the tenancy hereunder may be immediately terminated WITHOUT REFUND and tenant shall pay a penalty in an amount equal to one times the rental fee which shall be charged to tenant’s credit card or if the Company is not able to charge tenant’s credit card, obtained by legal action for which tenant shall be responsible for all associated costs and fees, including the Company’s attorney’s fees.

4. Tenting, campfires, fireworks and other similar items including firecrackers, bottle rockets, etc., campers, and mobile homes are strictly forbidden. A fire pit, if located at the property, but not brought to the property by tenant, may be used, so long as its use is proper and overseen by the tenant at all times.  No trailers of any kind (including, but not limited to, trailers for boats, bikes or other equipment) are  permitted on the property unless approved by the owner.

5. The property must be left by tenant in a neat, sanitary and habitable condition. Tenant is not allowed to move any installed A/C units (if any exist at property).  In addition, tenant shall not bring, install or have installed, window air conditioning units at premises without owner’s written permission. Any damages or notable conditions found upon arrival must be reported to the Company, within one (1) hour of occupancy or if arrival is after 5 p.m., before 11 a.m. the following morning. 

6.  Tenant will supply bed linens, extra blankets and towels unless otherwise provided in this Agreement.  Please see this Agreement at page 1, top right.

7.  NO smoking of tobacco products or marijuana or vaping is permitted on the property.  Any evidence of smoking shall result in the immediate termination of this Agreement and the tenancy hereunder and shall require the immediate vacating of the property by tenant, with NO REFUNDS of any kind.

8.  NO pets of any kind are permitted on the property unless pets, including the breed and number of the same, are specifically permitted by the owner for this rental period as stated in this Agreement.  Please see this Agreement at page 1, top right.  Any evidence of unpermitted pets shall result in immediate termination of this Agreement and the tenancy hereunder and shall require the immediate vacating of the property by tenant, with NO REFUNDS of any kind and tenant shall pay a penalty in an amount equal to one times the rental fee which shall be charged to tenant’s credit card or if the Company is not able to charge tenant’s credit card, obtained by legal action for which tenant shall be responsible for all associated costs and fees, including the Company’s attorney’s fees.

9.  Owner and the Company, shall not be liable to tenant, tenant’s guests, licensees or invitees or any other person for any injury, loss, or damage to any person or property occurring on or about the property. Tenant shall hold Owner and/or the Company, harmless and indemnified from and against all loss or damage, including reasonable attorney’s fees, arising out of or related to the use (or misuse or abuse) of any part of, or fixture upon, the property by tenant, tenant’s guests, licensees or invitees, or arising out of or related to tenant’s breach of this Agreement.

10.  Tenant shall bag all trash and/or use receptacles as provided at the property for trash and shall follow all trash pick up instructions provided.  Any deviation will result in a $100 charge plus tax.

11. Tenant shall thoroughly clean any grill located at the property used by tenant.  Any deviation will result in a $100 charge plus tax.

12. Tenant shall not unplug or deactivate any components associated with the entertainment system at the property including TVs, DVDs, VCRs or sound systems.  Any deviation will result in a $100 charge plus tax.

13.  Tenant shall not assemble or install at the property any recreational devices, including hot tubs; pools; fire pits; trampolines, or similar items.  Any deviation will result in a $100 charge plus tax.    

14. This Agreement may not be assigned or the property sublet, without the Company’s prior written consent. Notwithstanding any permitted assignment or subletting, tenant shall remain responsible for all obligations of tenant provided in this Agreement.

15. The Company may provide information to assist the tenant in contracting directly for additional services; provided, however, such information does not constitute a recommendation or any implied warranty of the services or service provider.

16. Check OUT time is 10:00 AM (keys must be returned to office). Check IN time is 4:00 PM. No exceptions.  Any deviation from this policy will result in a $100 fine plus tax. Tenant acknowledges that the Company shall use reasonable efforts to have the property available for Tenant’s sole occupancy at 4:00 PM, but that circumstances may arise where the cleaners have not completed their work by 4:00 PM due to unavoidable delays. 

17. Tenant must be 25 years of age or older; the tenant must be the card holder of the credit card number provided to the Company for purposes of payment of the rental fee and other fees; and the tenant must be present at the property during the entire rental period.  The tenant shall not be permitted to sub-let the property nor permit the property to be occupied by individuals unrelated (by blood, marriage or adoption) to tenant and who are under the age of 25, without the Company’s consent.

18.Tenant is responsible for payment of any and all taxes imposed by Massachusetts and local law.  Presently, such taxes include a MA room occupancy excise tax of 5.7%; local tax of up to 6.5%; a Cape and Islands wastewater treatment tax of 2.75%; and a community impact fee of up to 3%.  Said taxes are assessed by the taxing authorities on the total consideration paid by or on behalf of tenant, including but not limited to the rental fee, any charges or penalties, and other amounts paid pursuant to this Agreement.  All state and local taxes are due as of the date of occupancy, so additional amounts may be owed if taxes are imposed or tax rates, as described, are increased after this Agreement is signed but before tenant’s occupancy.

19.   Tenant shall close all windows and doors while running the air conditioning at the property and shall not set the temperature any lower than 70 degrees.

20.   The property may be equipped with a security camera/s which tenant shall not tamper with or disable.  Owners have been notified to disable the audio feature, if any, for any camera and that no camera/s shall be placed in the interior of the property. 

21.   No sprays or lotions (e.g., bug spray; sunscreen; tanning spray; suntan lotions) are to be used or applied except out of doors away from all furnishings, including outdoor furniture.  Any damage caused by the use of such products shall be the financial responsibility of tenant.