CANCELLATIONS: Your deposit is non-refundable. In the case of a cancellation transfer or change in your reservation, no refund will be made unless the unit is re-rented for the cancelled period and the owner is fully compensated. You will be charged a 15% cancellation fee if the unit is re-rented. If you are concerned about the need to cancel, we offer travel insurance through Rental Guardian Insurance. Bethany Area Realty processing fee is non-refundable. 2. PROPERTY INSPECTION:Guest(s) acknowledges that he/she will personally inspect the rental property and accept it in an “as is” condition, or will inform Bethany Area Realty on the day of check-in and will not make a claim and does not have the right to withhold rent for any alleged deficiency in the premises or to otherwise claim that the property has been misrepresented to him/her either by Landlord or Agent We are not responsible for the inoperability or unavailability of any amenities. You agree to contact Bethany Area Realty, using the contact information provided in your confirmation email, as soon as you notice any maintenance or housekeeping problem, or any potentially hazardous condition, at the Property, or if any incident occurs at the Property that is related to such a problem or condition. You further agree to give Bethany Area Realty a reasonable amount of time to respond to your report and to cooperate with Bethany Area Realty’s efforts to address the concern or provide a remedy. We will take reasonable and appropriate steps to remedy any reported problem as soon as practicable. We may enter the Property at your invitation to remedy any problem you report, at reasonable times and with reasonable notice to inspect, maintain, or repair the Property, and to address any situation that we reasonably deem an emergency that threatens persons or property. You acknowledge that if the Property has access to amenities that are shared with other properties, such as a shared pool, hot tub, parking lot, or fitness center, that the availability and condition of those amenities is outside Bethany Area Realty’s control. CLEANING: While we strive to have all units cleaned and checked prior to 3:00PM, sometimes this is impossible. Therefore, cleaning companies have until 6:30PM to complete the cleaning of your unit. If you have arrived and your unit is not cleaned, please call to report this fact and leave all of your belongings together to help the cleaners work more efficiently. Any complaints must be reported to Bethany Area Realty on day of arrival. In the event that the cleaning is unsatisfactory, Guest must notify Bethany Area Realty immediately to provide the opportunity to rectify. NO REFUNDS FOR CLEANING ISSUES. All parties understand that Bethany Area Realty, LLC is acting as Broker only. Bethany Area Realty is not responsible for the condition of the Property, and Guests indemnifies and holds Bethany Area Realty, LLC, its employees, agents, and sub-agents harmless and indemnifies them from any loss whatsoever including reasonable attorney feesSubstitution of Property: On rare occasions, due to ownership changes, properties being removed from rental use, or a need for extensive repairs or maintenance, the Property may not be available for rental on the dates of your reservation. In this unlikely event, Bethany Area Realty reserves the right to substitute a comparable property. If comparable accommodations are not available, you will have the option of (1) selecting from other available properties (in which case you are responsible for, or will receive the benefit of, any difference in cost) or (2) receiving a complete refund of your reservation payment. In the event of a substitution of rental properties, all Terms in this Agreement, plus any Unit-Specific Terms specific to the substituted property, shall apply to your stay in the substituted property.Minimum Age: The “Minimum Age” to rent the Property is the age specified in any Unit-Specific Terms. If no age is specified in the Unit-Specific Terms, the Minimum Age is 21 years of age (or the minimum age required by law in the jurisdiction where the Property is located, if different). You agree to provide us with proof of age upon request. A parent or legal guardian must accompany all guests who are under the Minimum Age for the entire duration of the rental. 4. Responsible Renter: As the Renter, you agree to be an occupant of the Property for the entire duration of the rental. All other occupants will be family members, friends, other responsible adults over the Minimum Age, or accompanied by a parent or legal guardian. You agree to be solely responsible for your actions and the actions of all family members, guests, and invitees (collectively, “Occupants”) present at the Property at any time during your stay, and to ensure that all Occupants understand and comply with the Terms. 5. NUMBER OF OCCUPANTS: Occupancy shall not exceed the number listed for the property on the website. 6. OCCUPANCY: The Guest(s) signing this contract must personally be in occupancy during full term of the lease, and Guest(s) will not assign or sublet.7. Good Neighbor Policy: Because the Property is a privately owned home, all Occupants must comply with this good neighbor policy. Please treat the Property with the same care you would use with your own residence and leave it in the same condition it was in when you arrived. To prevent theft of or damage to furnishings or your personal property, you agree to close and lock doors and windows when you are not present at the Property and upon check-out. You and other Occupants agree to conduct yourselves throughout your stay in a manner that is respectful of and not disruptive to neighbors, traffic flow, or the community and that will not prompt complaints to Bethany Area Realty from police, neighbors, or neighborhood or homeowner associations. Noise audible outside the Property is prohibited between 10 p.m. and 8 a.m. You and other Occupants agree to abide by all applicable parking restrictions and limitations. 8. Criminal Activity Prohibited: Use of the Property for any criminal activity is prohibited and may result in fines, prosecution, and/or your immediate removal from the Property. This prohibition extends to use of the Property’s internet service, if any, for criminal activity, including but not limited to unlawful downloads of copyrighted material, including movies, music, software, or other material. We may cooperate with any investigation of alleged criminal activity that occurred at the Property during your stay. 9. VIOLATIONS: Any nuisance or breach of peace by Guest(s) shall be a breach of this agreement and the Landlord or Agent shall have right to enter and peacefully repossess premises. 10. Late Check-out: If Guest check-out after 10:00 AM on check-out date, per owner’s request Bethany Area Realty is required to charge the Guest for a full day rent. 11. REFUNDS: It is mutually agreed that during the term of this lease, if a mechanical failure occurs to the fixtures or appliances in the leased premises, without fault or negligence of the tenant, the Landlord or his Agent will act promptly to have any malfunction corrected. THERE WILL BE NO REFUNDS. Any breakage or damage to the unit caused by Guest(s) shall be the responsibility of the same.12. PETS: NO PETS PERMITTED: Animals. No animals or pets of any kind are permitted at the Property except (1) as specifically authorized in your reservation, or (2) bona fide service animals that we are required by law to allow. Emotional support animals are not permitted except as authorized pets. You agree that a prohibition on animals is not a guarantee than an animal has not been inside the Property or that the Property is free of animal or pet allergens. VIOLATION SHALL RESULT IN IMMEDIATE EVICTION. 13. NO SMOKING ALLOWED IN UNIT: Violation will result in immediate eviction. 14. Events and Commercial Photography: Structures: Events and commercial photography or filming are prohibited at the Property without our express written permission. (If approved, additional conditions and fees may apply.) No tents or other structures may be erected on the property without our express written permission. 15. KEYS: Guest(s) will be furnished with (2) keys to premises or the code for entry. Guest(s) will be liable for a lost key charge of $35.00 for each key lost. A fee of $75.00 will be charged for lockouts. Please return all keys to Bethany Area Realty on or before 10:00 a.m. on the day of check-out. The blue key box is located on the right side of office door. 16. TOWELS, LINENS & PAPER PRODUCTS: Tenant must furnish all necessary towels, bed linens, pillow cases, and paper products required for personal use. All owner bedding (bedcovers and pillows) will be stored in the closet or on the beds. If you would like to rent towels or bed linens, please contact our third-party partner, Shore Easy 17. TELEVISIONS, TELEPHONES, INTERNET SERVICE, and GRILLS (if provided) are a courtesy of the owner. There is NO GUARANTEE that they will be in working order during the term of the lease. The owner does not provide charcoal or propane. 18. FURNISHINGS: All furniture shall be replaced in the same position it was found at the beginning of rental.19. POOL & PARKING PASSES: If the rental unit has pool or parking privileges, Guest(s) may request the passes at check-in. All passes will require a cash deposit to be held by Bethany Area Realty. The amount of cash deposit varies per property, you will receive an additional email regarding parking and pool passes if applicable. The deposit will be refunded at the time of checkout when the passes are returned. All passes must be returned by 10 am on the day of checkout, no exceptions. Guest(s) renting Sea Colony or Sea Villas shall purchase their Rec Badges/Parking Passes directly from Sea Colony located in the Marketplace. Bethany Area Realty has no responsibility for the price of Sea Colony Rec Badges. 20. MESSAGES: Agent cannot accept messages, faxes, or packages for Guest(s) at Rental office. 21. TIME IS OF THE ESSENCE in this agreement, and Guest(s) shall be liable for damages for any holdover. 22. SERVICE CALLS: Unnecessary GUEST(S) RELATED service call or repairs will be charged to the Guest at the discretion of the Rental Manager. If there is a service call and the vendor determines that everything is working properly, and Bethany Area Realty is billed for that call we will charge it to the Guest. 23. ACCIDENTAL LIMITED DAMAGE WAIVER FEE: Guests pay a non-refundable damage protection fee of $150 that will cover up to $300 of any accidental property damage reported during their stay. Willful damage, theft and negligence are not covered under this plan. The Guest is responsible for any amount over $300 and all costs for damage intentionally inflicted on the property during his/her stay whether caused by the Guest or the Guest’s family or friends. This damage fee is in lieu of a security deposit.24. TRAVEL PROTECTION: There will be no refund for inclement weather or other situations beyond our control. We have partnered with RENTAL GUARDIAN INSURANCE to offer you travel insurance that can provide reimbursement if you need to cancel your trip due to a covered event. We believe this is an excellent insurance and can give you the peace of mind you deserve when booking your vacation. We highly recommend this insurance. For more information go to Rental Guardian Insurance. 25. TERMINATION OF LEASE: The lease will expire at 10:00 am on the date set above and all keys to be returned to the real estate office. If the Guest(s) or family members create any disturbance of the peace which is reported to the Landlord, Police, or Real Estate Company or violates any terms of this lease, the Guest(s) at the sole discretion and demand of the Landlord and/or his Agent agrees to vacate the premises immediately upon said demand by the Landlord and/or his Agent. CAUTION: Specific violations of the law, i.e., Acts of Domestic Violence, Assault, Drug Use and/or Possession of Contraband, Destruction of Property, Underage Drinking and/or Contributing to the Delinquency of Minors are strictly prohibited and will be cause for IMMEDIATE EVICTION OF ALL OCCUPANTS AND FORFEITURE OF ALL MONIES associated with the lease of this property. Landlord and/or his Agent reserve the right to inspect the premises at any time should there be evidence of activities as noted above. 26. Payment Terms; Fraud. If you are paying by credit card you represent that you are the account holder or an authorized user of the account. If for any reason, Bethany Area Realty believes your payment may be refused by the card processor, Bethany Area Realty may ask you for a different form of payment. Upon Bethany Area Realty’s request, you will immediately provide another form of payment and adequate proof that you are the account holder, or an authorized user of the account used for payment (such as a government-issued ID that matches the name on the account). Bethany Area Realty may cancel your reservation or remove you and all Occupants from the Property immediately if you fail to provide a form of payment that can be validated by Bethany Area Realty. We may share your credit card information and other information about you with law enforcement if we suspect fraud.27. Consequences of Breach: Charges for Damage. Any failure by you or any other Occupants to comply with any of the terms, conditions, or policies above is a breach of this Agreement and may result in a forfeiture of your rights to rent the Property, up to and including immediate removal from the Property without refund and with or without the assistance of law enforcement. Bethany Area Realty may terminate this Agreement for breach, and if you are notified of such termination you agree to leave the Property immediately. In addition, you are responsible for, and you authorize us to bill your credit card on file for the full amount of: (1) any damage or loss that occurs at the Property during your stay; (2) a charge of up to $1,000 for violations of the pet policy, including for bringing more pets or different types of pets than specifically authorized; (3) an additional cleaning fee of up to $500 (or the actual cost of cleaning services, if greater) for violations of any of the guest policies above (other than the pet policy) or for excessive cleaning required by the acts or omissions of any Occupant during your stay; and (4) any fines issued by police, other government officials or agencies, utility providers, and/or homeowner associations for violation of any law, ordinance, or rule during your stay, and any damages (which may exceed the amount of fines) that result from the violation. If any unauthorized download of copyrighted material via the Property’s Internet service occurs during the period of your stay, you agree that we may share your contact information with the internet service provider or any other party we believe, for any reason, has enforcement rights. 28. Disclaimer of Warranties. TO THE MAXIMUM EXTENT PERMITTED BY LAW, BETHANY AREA REALTY AND OWNER EACH EXPRESSLY DISCLAIM ANY WARRANTIES OF SAFETY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT, AND AS TO THE ADEQUACY OF THE DIRECTIONS AND WARNINGS PROVIDED TO YOU.29. Limitation of Liability. TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO CASE SHALL THE OWNER OF THE PROPERTY OR BETHANY AREA REALTY, NOR THEIR AFFILIATES, NOR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, OR OWNERS, BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, OR EXEMPLARY DAMAGES, OR FOR ANY DAMAGES FOR PERSONAL OR BODILY INJURY, ILLNESS OR DISEASE, EMOTIONAL DISTRESS, OR DAMAGE TO PROPERTY, ARISING OUT OF OR IN CONNECTION WITH YOUR STAY AT THE PROPERTY. THIS LIMITATION APPLIES TO ALL CLAIMS FOR DAMAGES WHETHER BASED ON A THEORY OF WARRANTY, CONTRACT, TORT (INCLUDING ORDINARY NEGLIGENCE), STRICT LIABILITY, OR OTHERWISE, EVEN IF BETHANY AREA REALTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE AND EVEN IF THE LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. 30. Indemnity. You agree to hold harmless and indemnify Bethany Area Realty and Owner, and their respective affiliates, for and from all claims for property damage, personal injury, illness or disease, or monetary loss resulting from your actions or omissions, and the actions or omissions of other Occupants, during or relating to your stay. Check-In and Out Procedures Check-In Procedures Check-in is at our office (778 Garfield Parkway, Bethany Beach, DE) between the hours of 3:00PM and 5:00PM, unless otherwise stated in your contract. If you are running late and will not be here by 5:00PM you must call our office so that we can make alternative arrangements. Cleaning While we strive to have all units cleaned and checked prior to 3:00PM, sometimes this is impossible. Therefore, cleaning companies have until 6:30PM to complete the cleaning of your unit. If you have arrived and your unit is not cleaned, please call to report this fact and leave all of your belongings together to help the cleaners work more efficiently. Any complaints must be reported to Bethany Area Realty on day of arrival. In the event that the cleaning is unsatisfactory, Guest must notify Bethany Area Realty immediately to provide the opportunity to rectify. NO REFUNDS FOR CLEANING ISSUES.Linens- NOT PROVIDED Bed linens, towels, and pillowcases ARE NOT INCLUDED IN YOUR RENTAL; however, they can be rented by our third-party partner, Shore Easy. Please call Shore Easy at to inquire about the linens. Check Out Procedure Keys, permits and pool passes must be returned to our office promptly by 10:00AM. If you are checking out early and our office is not open, please place your keys and passes in our drop box on the righthand side of the front door. Reminders, please: Remove all food from the refrigerator or kitchen cabinets. Be sure all dishes are cleaned and placed back in the cabinets. Return all furniture to its original position (both indoor and outdoor furniture), if it had been moved. Place all trash/recycling in plastic bags.