In addition to what is listed on Airbnb, we require all renters to agree to the following within 48 hours of booking.
This Short Term Rental Agreement (the 'Agreement") is made by and between Ethelwynde LLC, aka The
Winthrop Estate, ("Homeowner") and
"Reserving Guest" as of the date of booking, the parties hereby agree as follows:
a. Reserving Guest’s Name, Address, Phone Number and Email:
b. Rental Party shall consist of the following people only unless otherwise identified in writing.
Guests shall be confirmed two weeks prior to arrival date. All rental party names shall be shared with Ethelwynde via email.
Children are welcome. Please note, however, that with long staircases, dumbwaiters, etc., some areas
of our property may not be safe for small, unsupervised children.
c. Reserving Guest and Rental Party shall be referred to as "Guest" or "Guests"
3. This reservation is for up to the number of guests noted in the reservation booking unless otherwise agreed to in writing. For more guests prior arrangements
must be made and an additional charge per additional overnight person per night will be charged. In any
event, the maximum number of overnight guests is limited to 24 persons, which includes children.
4. Term. Per airbnb.
5. Minimum Stay. This property requires a 2-night minimum. Longer minimum stays may be required during peak summer periods, fall foliage, and holidays. There is no adjustment of rental rates for partial
stays.
6. Rental Rules. Guest agrees to abide by the Rental Rules attached as Exhibit A at all times while on property and shall cause all members of the rental party and anyone else Guest permits on the property
to abide by the rental rules at all times while at the property.
7. Condition
If anything appears out of order or damaged, please inform the Homeowner immediately via email with
accompanying photos. The homeowner will address issues ASAP.
8. Cancellation Policy. See Airbnb cancellation policy.
9. Ingress and Egress. Homeowners will make reasonable efforts to notify guests in advance of any need for ingress and egress, except in the case of emergency. Homeowner reserves, on behalf of itself
and its contractor, employees, agents and assigns, the right of ingress and egress over any portion or all of the Property, at any time (i) for the purpose of making repairs, alterations and improvements, for maintenance or to supply necessary or agreed services; (ii) to verify the Guests have complied with the terms of this Agreement; (iii) for the purpose of a Homeowner property inspection; (iv) in case of emergency, or (v) only by mutual agreement for additional purposes.
10. Chargebacks and Arbitration. As a condition of Homeowner agreeing to accept your credit card as an
approved form of payment, Guest paying by credit card agree to all terms/conditions contained herein and
agree to waive all chargeback rights. Guest agrees that any disputes that may arise with respect to any
charges must be addressed directly with the Homeowner. If that is unsuccessful, any Guest claim arising
out of or relating to this Agreement, or the breach thereof, shall be settled exclusively by arbitration
administered by the Massachusetts Dispute Resolutions Services. The number of arbitrators shall be one.
The place of arbitration shall be Boston, MA. Massachusetts law shall apply. Judgment on the award
rendered by the arbitrator may be entered in any court having jurisdiction thereof.
11. Vacation Rental. It is expressly understood and agreed that this is a short-term vacation rental agreement
and is not a lease or other long-term residential tenancy agreement. This Agreement created no property
rights of Guests and no rights to renewal or of recurring usage. The parties state the rental of these premises
is for a vacation or recreational purpose as expressed in Massachusetts General Law C. 186 15B(9).
12. Events. Reservations assume no events will be held on property that include guests or visitors who are not
staying overnight. Any events that include non-overnight Guests, or commercial filming or photographing,
must be confirmed with the Homeowner in advance and additional fees, deposits and contracts may apply. If a
violation of this term is discovered, Guest may be asked to leave and a refund will not be provided for any
portion of the stay.
13. Homeowner's Right of Cancellation. If Guest or Guest's visitors violate any of the terms of this Agreement,
including but not limited to maximum occupancy, Homeowner may evict Guest and Guest's visitors from the
property and no refund will be issued to the Guest. In the case of sale of the property by Homeowner to any
third party, Homeowner reserves the right with 120 days notice to cancel the Guest's reservation by written
notice to the Guest and all payments received from the Guest shall be refunded. Homeowner will not owe any
additional amounts.
14. Limitation on Liability. Homeowner is not responsible for any accidents, injuries or illness that occur to
Guests or any member of Guest's visitors while in or on the property. Homeowner is not responsible for loss of
personal belongings or valuables belonging to any Guest or any of Guest's visitors. Guest agrees to assume
the risk of any harm arising from the use of the property and all appliances, equipment and items therein.
Under no circumstances and under no legal theory, tort, contract, strict liability or otherwise, shall Homeowner
be liable to Guest or any other person for any damages or any nature whatsoever including arising out of or
relating to this agreement or Guest's rental of the property or use of the property. In no event will Homeowner
be liable for any damages in connection with this agreement, even if Homeowner shall have been informed of
the possibility of such damage.
15. Indemnification. Guest acknowledges that the use of the property by the Guest and Guest's visitors is
entirely at their own risk. Guest will indemnify and hold harmless Homeowner from any and all expenses,
costs, damages, suits, actions, or liabilities whatsoever arising from or related to any and all loss of or damage
to personal property, injury or death resulting from the use or occupancy of the property or the failure of Guest
or Guest's visitors to observe the Rules in Exhibit A.
16. Jurisdiction. This agreement is governed and shall be constructed in accordance with the laws of the
Commonwealth of Massachusetts.
17. Contact Information of Owners: shared after booking.
The parties agree to the terms of this Agreement, as evidenced by Guest's booking and payment.
EXHIBIT A : RENTAL RULES
- No Smoking or Open Flames. Smoking or vaping is not allowed inside the mansion. Open
flames inside, including candles, are prohibited. Fire in a fireplace (in living room, dining room, or
library only) or in an outside fire pit, and birthday candles are exceptions.
- Visitors. People other than those in the Guest party set forth above may not stay overnight in
the property. Any other person in the property is the sole responsibility of the Guest. Guests are
not allowed to exceed the occupancy limit agreed to above without prior written approval and, if
relevant, fees. Outside cameras will be utilized to verify Guest party size.
- Assumption of Risk. Homeowner is not responsible for any accidents, injuries or illness that occurs
while Guests are on the property. Homeowners are not responsible for the loss of personal
belongings or valuables of the Guest. By accepting this reservation, it is agreed that all Guests are
expressly assuming the risk of any harm arising from their use of the premises or others whom they
invite to use the property.
- Care. Keep the property and all furnishings in good order. If anything appears out of order, please
email us within 2 hours of arrival.
- No Pets. We love them, but no pets are permitted.
- Parking. Parking is limited to 24 vehicles. Vehicles are to be parked in designated paved parking
areas or along gravel driveway. Parking on the street or grass is not permitted.
- Housekeeping. While it can be arranged, unless otherwise arranged, daily housekeeping is not
provided.
- House Items Shall Remain. Many of our furnishings and linens are luxurious. We are happy to
provide them but we expect them to remain and we do keep an inventory. If you or your guests wish
to take things home, such as bathrobes, we can provide a price list for items upon request.
- Garbage. All garbage must be stowed in proper garbage containers in rooms, kitchen, back
porch or garage. If you create additional garbage, please bring it outside as you would in your
own house.
- Plants. Please do not water our plethora of plants.
- Fireplaces and Grill. Operable fireplaces are used at the Guests risk. The hearths are gorgeous,
please keep wood and ash off hearths. The fireplaces have manual flues that must be open before
use and closed once the fire is cold. Fires must always be tended to by a watcher. Three fireplaces
are for Guest use: library, dining room, living room. Outdoor fire pit may be used on stone verandah
but for the sake of safety it must remain 4 feet from anything and must never be used under awning
or in the alcove. Grill/BBQ must remain 4 feet from the house, any plant or any furniture and 2 feet
from stone walls.
- Water and Sewer. The property is on town water and sewer systems. Do Not Flush anything
other than human waste and a reasonable amount of toilet paper. No feminine products should be
flushed at any time. If it is found that feminine products have been flushed and the same clogged
the sewer system, you could be charged for their removal or clearing.
- Hanging Laundry and such or Affixing Items. No articles shall be hung out of the building or in the
common areas of the home. No apparatuses or devices or other items shall be affixed or hung or
installed on the house or on the property without consent in writing.
- No Liability of Guest Property. All personal property of the Guests, whether in the house or on
the grounds, shall be kept therein at the sole risk and responsibility of the Guests. The Homeowner
shall have no responsibility for it.
- Noise. We encourage you to enjoy the estate but we expect that you will keep outside noise to a
reasonable level. That means your enjoyment of the home should not interfere with the quiet use and
enjoyment of our neighbor's enjoyment of their homes. We have noise monitors at the edge of the
property and should we receive a complaint from a neighbor about noise, we will immediately contact
you to address the concern. Neighborhood quiet hours are 10:00pm to 8:00am.
- Security. For security, Ring cameras and doorbells are on the exterior of the property. Guests are
informed and fully acknowledge these are in place and may create recordings of guest arrival and
departure. Guests are expected not to disengage, interfere with, manipulate, destroy, impair or
otherwise impede the proper function and use of these safety features and if they are found to do so
have violated the rules of this agreement.
- No Offensive Activity. No noxious or offensive activity shall be carried out in the common areas on
the property, nor shall anything be done therein either willfully or negligently which may be or become
an annoyance or nuisance to neighbors. No Guest shall do or permit anything to be done by their
visitors or agents that will interfere with the rights, comforts or conveniences of the Homeowner or
neighbors.
- Damage. Any damage whatsoever to the building, equipment, or property caused by a Guest or
their visitors should be reported immediately and we will seek a remedy. Damage shall be repaired
at the expense of the Guest.
- Complaints. Complaints of any kind regarding the property or the management of the property
should be made in writing to the Homeowner. We take them seriously and will be as responsive as
we can!
- Storms or Emergencies. No refunds will be given due to weather, storms, poor road conditions,
State, national or personal emergencies, or any circumstances causing schedule changes. For
cancellation coverage, Guests are encouraged to buy insurance from third parties and can file a
claim with them for reimbursement.