Short Term Occupancy Use Agreement
The owner shall equip the cottage with all furnishings (excluding or including sheets and towels depending on the rental - this information can be found on each listing on the website) and shall be responsible for all utilities except long distance telephone calls and wood for the stove or fireplace. The Guest shall be responsible for toll calls incurred. The guest will also be responsible for any ON DEMAND television purchases such as movies, etc. Should these items listed previously be included in the rental it will be listed under the property specific page on our website.
This will also confirm the receipt of a deposit from the Guest in the amount of one-half (1/2) of total amount due to hold above dates. If the Guest does not follow through on the short-term occupancy of the above said property, the following will apply:
If the cancellation is greater than thirty (30) days prior to your rental date the following applies:
● If we are able to re-rent your rental dates you will receive a full refund less the booking fee
● If we are unable to re-rent your dates you will lose half (1/2) of the full weekly rental rate and the entire booking fee
If the cancellation is thirty (30) days or less prior to your rental date the following applies:
● If we are able to re-rent your rental dates you will receive a full refund less the booking fee
● If we are unable to re-rent your dates you will not receive a refund
If the balance of the rent remains unpaid as of the date on which the occupancy is or was to commence, the Guest shall be deemed to have breached this Agreement and, at the owner’s option, they reserve the right to deny occupancy, and the owner will retain the deposit as liquidated damages.
Guest(s) shall be charged a $25 fee for any bounced check or other form of payment which is denied for insufficient funds.
Each house has a limited occupancy as listed on the website. Any additional occupants must be identified by Guest on the short-term occupancy agreement and pre-approved by the Agent and owner. If additional occupants are approved by Agent and owner, Guest shall pay an additional nightly fee for each additional occupant. For any homes that are pet friendly, only dogs are permitted and must be okayed by the owners.
The Guest shall be responsible for payment of a Damage Waiver Fee on the following terms:
Damage Waiver Fee: Guest shall pay a non-refundable Damage Waiver Property Protection Fee to Agent. This non-refundable charge provides Guest with up to $1,000.00 of coverage by Agent for any UNINTENTIONAL losses and/or damages resulting from inadvertent acts or omissions of Guest occurring during the occupancy; provided and on the express condition that any such unintentional losses and/or damages are immediately reported to Agent. Losses and/or damages which are not immediately reported to Agent or are intentional acts, gross negligence, willful or wanton conduct, due to an unapproved pet are all expressly excluded from coverage. Guest shall remain liable for both (i) all losses and/or damages beyond normal wear and tear which are excluded from coverage pursuant to the terms set forth herein, and (ii) all losses and/or damages for which coverage is provided pursuant to the terms set forth herein, to the extent such losses and/or damages exceed the sum of $1,000.00. A credit card number shall be kept on file. No charges will be incurred without the agent informing the guest. It is Agent’s and Owner’s discretion to determine whether or not coverage exists for any loss and/or damage. Guest’s and owner’s sole recourse with respect to any issues, claims or disputes concerning losses and/or damages arising during the occupancy shall be directly against one another, and not against Agent; provided, however, that any dispute between Agent and Guest as to any coverage determination by Agent shall be submitted by Agent and
Tenant to binding arbitration pursuant to the Maine Arbitration Act, with the Arbitrator possessing the discretion to award the prevailing party its reasonable costs and attorney's’ fees from the non-prevailing party.
If Agent and owner grant Guest pre-approval to have a pet at the cottage, Guest shall provide owner with an additional $50.00 per approved pet.
In the event that Guest defaults on any obligation under this Agreement, Guest shall also be liable for all reasonable costs and attorney’s fees incurred by Agent and/or the owner in enforcing the terms of this Agreement. Any repairs which the cottage requires should be brought to the Agent’s attention promptly. The Agent will make arrangements to have the work done as quickly and as efficiently as possible.
Guest shall indemnify and hold both the owner and the Agent harmless of and from any loss, damage, claim, demand, suit, judgment, and/or liability which may be incurred, and from any cost or expense (including without limitation, all costs and attorney’s fees) arising by or resulting from Guests use and occupancy of the leased premises, excepting only liability which may result from the negligence of the owner or Agent.
Guest will not hold YOUR ISLAND CONNECTION LLC, herein after as YIC, nor the OWNER liable for the contraction or exposure to COVID-19 Coronavirus during the travel to and from the vacation rental or while GUEST or any person visiting, staying, residing, or otherwise entering the vacation rental home between the dates rented.
The undersign understands the following: the OWNER will not be liable to GUEST for events beyond the OWNER’s control which may interfere with Guest’s occupancy, including but not limited to acts of God, act of governmental agencies, bans, terrorism, fire, strikes, war, criminal acts, inclement weather, mandatory evacuation of area, power outages, pandemics/epidemics, endemics, outbreaks, and construction noise from nearby sites. If there are quarantine and/or travel restrictions mandated by the Guest’s state of residency or by the State of Maine that GUEST is not willing to comply with and/or will suffer legal ramifications or be in direct opposition of government mandates or agencies, Guest understands a refund of 80% of the grand total of the reservation will be returned to GUEST in which the GUEST will forfeit 20% of the grand total of the reservation as a processing and cancelation fee to YIC.
Guest will not hold YOUR ISLAND CONNECTION LLC, herein after as YIC, nor the OWNER liable for the contraction or exposure to COVID-19 Coronavirus during the travel to and from the vacation rental or while GUEST or any person visiting, staying, residing, or otherwise entering the vacation rental home between the dates rented.
GUEST is aware of all requirements to enter the state of Maine, which can be found at online. GUEST assumes the risk of entering the state of Maine and adhering to state or town mandates or ordinances which include but are not limited to quarantine restrictions, social distancing requirements, testing, trace contacting, and closure of public areas such as restaurants, shopping centers or beaches.
Guest hereby acknowledges and agrees that Guest shall not move any furniture or other household possessions at the cottage and that nothing other than toilet paper shall be deposited into or flushed down the toilets at the cottage per the use of private septic systems at each property.
Guest hereby acknowledges and agrees that Guest shall not cut, trim or otherwise alter any trees, bushes, landscaping or vegetation on the cottage property and that Guest shall be liable to Agent and/or owner for any loss, damage, fines, costs or other expenses (including costs and attorney’s fees) incurred as a result of any such cutting, trimming or alteration by Guest.
Guest hereby acknowledges and agrees that internet, television, cable, telephone or other similar service which may be provided to the cottage is not guaranteed by Agent and/or owner and may experience interruption for reasons beyond the control of Agent and/or owner. Guest further agrees that, in the event any such service is lost or interrupted for reasons beyond the control of Agent and/or owner, Guest shall not be entitled to any discount or refund of rent.
Guest hereby acknowledges and agrees that smoking of tobacco, marijuana or any other substance inside the cottage is strictly prohibited.
Guest hereby acknowledges and agrees that there will be a $75 lock-out fee. If a guest is to lock themselves out of the rental house or lose a key there will be a $75 fee for the agent to come to the home and unlock. The fee will be waived if this is during office hours and the guest travels to the office to get a replacement key and the lost key is then found.
For guests renting the following homes, read the section in blue below (If your rental home is not listed it does not include a kayak/canoe so this doesn’t apply) : Locke Cottage, Tree Tops House, Wentworth, Card Cove Cottage, Homeport, Rosedale Cottage, Saganook
Ownership and Use:
The row boat, canoe and kayaks (collectively, the “boats) shall at all times be the sole responsibility of the renter during their rental period.
The renter shall not exceed the number of persons and/or weight limits specified for each of the boats.
Anyone under the age of 18 who uses the boats is the sole responsibility of a parent in attendance and the home owners assume NO responsibility for any minor using the boats.
Renter shall use the boats and all accessories in a safe manner complying with all boating regulations.
Homeowner/boat owner does not presume to know whether renters are able to swim or are aware of boating regulations and therefore renter’s use of the boats is at their sole risk. Renters understand that there is an inherent risk in using a boat including injury or death.
Renter Liability:
It is expected that the renter will take care of the boats. It should be in your possession at all times. In the event that the boats are lost, stole or damaged, it will be your responsibility to replace them or repair them. In the event that legal action is taken to reimburse the homeowner/boat owner for any damages caused by the renter to the boats, the renter will pay ALL costs, including reasonable attorney fees.
The renter shall assume the sole responsibility for the use of the boats. The homeowner/boat owner assumes no liability that the watercraft and/or life preservers meet safety standards. Renter shall hold homeowner/boat owner and its agents harmless from and against any liability claims, injury, damages, suits, costs, expenses, including legal expenses for whatever kind and nature imposed upon, incurred by or asserted against the homeowner/boat owner on account of damage to, destruction of, loss of property of the boats or any other person in any way arising as a result of the operation of the boats. The indemnities contained in this section shall continue in full force and effect, notwithstanding the termination of this boat liability.
It is understood that, except for the rent, 9% sales tax on any items (or such other rate of sales tax as may apply), a booking fee of 7% of the rental rate, and other expenses itemized herein, no other fees, commissions, etc., will be required of the Tenant. All rentals and additional items are subject to price change, 9% sales tax (or such other rate of sales tax as may apply), a 7% booking fee of rental rate and owner withdrawal.