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Rental Agreement

This Rental Agreement (this “Agreement”) is made by and between LuxuryBeachGetaway.com LLC, a New York limited liability company (“Property Manager”), acting in its capacity as an agent for the Owner (defined below), and the renters(s) indicated above (“Guest”) and is effective as of the Booking Date listed above.  The parties agree as follows: 

  1. Rental. Property Manager, as an agent of the owner (the “Owner”) of the property identified above (the “Property”) hereby rents to the Guest, and the Guest hereby rents from the Property Manager, the Property on the terms contained in this Agreement. The Property Manager is not the Owner and Property Manager shall not be personally liable as a party in a civil action between Guest and the Owner solely because the Owner is not identified in this Agreement.

    For bookings made within 3 days of arrival, we require a copy of your driver’s license. Check-in instructions will only be sent once we receive both the signed rental agreement and the driver’s license.  

  2. Charges and Fees. Guest shall pay the charges listed above on the dates specified above. If the amounts listed above are not paid when due, then Property Manager may, in its sole discretion, terminate this Agreement by providing written notice to Guest.

    Checkouts 1-2 hours late will result in a $300 penalty.  Beyond 2 hours, full days rate.  Guests with unauthorized check-out penalties must still vacate on the check-out date unless otherwise agreed with the Host.  If you believe you cannot depart on time, please contact the Property Manager in advance to discuss options.

    Please note that our property has a policy regarding excessive garbage. Guests must ensure all trash is properly bagged and fits within the provided garbage cans. If excessive garbage is left behind, an extra fee starting from $100 will be charged to your account.
  1. SafelyStay Insurance. All reservations lasting 29 days or fewer are insured through SafelyStay Insurance, provided by SafelyStay, Inc. This insurance coverage is automatically included as part of your reservation. If your reservation is for 30 days or more, a $2,000 refundable deposit will be collected. This deposit will be refunded in full, provided no damage or extra expenses are incurred or reported upon check-out.
  1. Damages. Guest will be responsible for any damages to the Property occurring during the Rental Period. If the Property is already damaged at the beginning of the Rental Period, then the Guest shall inform the Property Manager of such damage within two (2) hours of arrival. Otherwise, any damage to the Property (other than normal wear-and-tear) discovered during or after the end of the Rental Period shall be deemed to be the responsibility of the Guest.

    Among other things, the Guest shall be responsible for:

(i)            damage to the Property, any fixtures or appliances;

(ii)           loss or damage to any personal property in or about the Property;

(iii)         cleaning fees for dirty dishes or trash that has not been properly disposed;

(iv)         cleaning and fumigation fees for smoking in a non-smoking unit; and

(v)           damage caused by pets or excessive cleaning caused by pets.

If any damages are not reimbursed by the insurance coverage described in Section 3, above, then Property Management shall charge such damages to Guest’s credit card on file.

 

  1. Guest Obligations. The Guest shall keep the Property clean and free of trash, garbage and other waste. Guest shall keep all pipes, wires, glass, plumbing and all other equipment and fixtures in the same condition as they were at the beginning of the Rental Period, other than reasonable wear and tear. Guest shall obey all rules associated with the Property as may be provided by Property Manager from time to time (the “Rules”). Guest shall not permit occupancy of the Property by more than the Allowed Occupancy listed above. Guest shall ensure that Guest’s party and any visitors invited or permitted on the Property by Guest (or any member of Guest’s party) comply with this Agreement and the Rules. Guest shall be responsible for the loss, theft or damage of all towels, linens, kitchen utensils or appliances and other personal property located in or about the Property at the beginning of the Rental Period.

    Guest, Guest’s rental party and visitors shall (i) conduct itself in a manner which is inoffensive to neighbors of the Property, and (ii) shall not conduct any event or party unless agreed by the Property Manager before arrival.

    Guest agrees that the Property is intended as a short-term vacation rental and acknowledges that Guest and Guest’s rental party all have permanent residences elsewhere to which they will return at the end of the Rental Period.

    Guest agrees during their stay to abide by the local Town Noise Ordinances. If the police are called and / or fines and penalties are issued to the homeowner as a result of your violation of a Town Noise Ordinance, you agree to be responsible for these fines and penalties.  Please refer to the applicable Ordinance:
    1. Town of Riverhead: https://ecode360.com/29709500
    2. Town of Southold: https://ecode360.com/37596304
    3. Town of Southampton: https://ecode360.com/8696719
    4. Town of Brookhaven: https://ecode360.com/8593708
    5.  Town of East Hampton: https://ecode360.com/9230783

 

  1. Limitations on Property Use. Guest warrants that the information shown on the first page of this Agreement is accurate. Guest acknowledges that Owner’s willingness to rent the Property at the Rent shown on the first page is conditioned on the maximum number of people in Guest’s party and on the nature of the reservation, as shown on the first page of this Agreement, and agrees to only use the Property for such purpose and to limit its party to such maximum number. If the Property Manager discovers a breach of this obligation, then Property Manager may, in addition to any other rights or remedies available at law or under this Agreement, charge the guest a fee of $10,000 for damages, costs, fees and expenses likely to be incurred by Owner as a result of such breach.

 

  1. Breach by Guest. If Guest materially breaches this Agreement or fails to perform any obligation imposed on Guest by law, then Property Manager may, in addition to any other rights or remedies provided by law or this Agreement, and with or without notice to Guest, terminate this Rental Agreement without refund. In such case, Property Manager shall be immediately entitled to possession of the Premises and Guest shall peacefully surrender possession of the Property to Property Manager upon demand. If any legal action to remove Guest is required, then Property Management shall be entitled to recover from Guest (in addition to other amounts that may be due) any legal or attorneys fees.

 

  1. Property Manager Duties. Property Manager shall comply with all obligations imposed by law with respect to the Property, including (but not limited to) providing the Property in a fit and habitable condition. If, at the beginning of the Rental Period, the Property Manager cannot provide the Property in a fit and habitable condition, or substitute a reasonable comparable property in such condition, then, as Guest’s sole and complete remedy, Property Manager shall refund to Guest all payments previously made by Guest. The Property Manager shall conduct all activities in regard to this Agreement or the Property without respect to the race, color religion, sex, national origin, sexual orientation, disability status, familial status or gender identity of any person.

 

  1. Utility Fee. The daily utility fee, as listed on the reservation, is designed to encompass the standard utility expenses for the property, specifically electricity and the gas/oil bill, along with amenities like hot-tub heating (if applicable), and heating/cooling, and is non-refundable. In the event that the average daily utility usage surpasses this predetermined amount, the guest will be responsible for covering any additional utility costs incurred. For stays of 21 days or more, the Utility Fee will be calculated based on the actual duration of the guest’s stay, with any accrued utility fees being added accordingly. This adjustment ensures a fair and accurate reflection of utility consumption during extended stays.

 

  1. Cancellation. If the Guest does not pay the Initial Booking Fee on the Booking Date specified above (or within any grace period provided by the Property Manager), the Property Manager may terminate this Agreement without any liability to the Guest. In the event of Guest cancellation after payment of the Initial Booking Fee and/or the Final Balance as specified above, the following refund policy applies: guests canceling at least 30 days prior to arrival will receive a full refund, while those canceling at least 14 days prior to arrival will receive a 50% refund. The Property Manager will process refunds within a reasonable timeframe following the cancellation. The Guest acknowledges the cancellation policy and understands that the Property Manager is not obligated to re-rent the Property.

 

  1. Indemnification and Hold Harmless; Right of Entry. Guest agrees to indemnify and hold Property Manager and the Owner harmless from and against any liability (i) for personal injury or property damage sustained by any person (including, but not limited to Guest’s rental party and visitors) on or about the Property, (ii) for any nuisance or harm caused or allowed on the Property by the Guest or Guest’s visitors, or (iii) from any breach of the Rules, unless caused by Property Manager’s negligence, willful misconduct, or failure to comply with applicable law. Guest agrees that Property Manager and its representatives may enter the Property during reasonable hours to inspect the Property and to make such repairs, alterations or improvements thereto as Property Manager may deem appropriate.

 

  1. Unforeseen Events. Property Manager shall not be liable for any loss or damage or inaccessibility of the Property due to events beyond Property Manager’s reasonable control including, but not limited to, road conditions, war, terrorist activity, civil commotion, flight delays or cancelations, airport closures, loss of luggage, adverse weather conditions, fire, flood or industrial dispute. Property Manager is not responsible for the failure of public services such as water, electricity or internet.

    Property Manager shall not be responsible for any cancelled or shortened stays due to inclement weather or road conditions. Guest is advised to purchase vacation travel insurance to protect against inclement weather.

 

  1. Issues During Rental. Any complaints or issues affecting the Property or Guest’s rental of the Property must be raised with Property Manager during the Rental Period. Property Manager is unable to act, and is not liable for, issues raised after the end of the Rental Period.

 

  1. Pets. Unless otherwise permitted in a Pet Addendum hereto, no pets are allowed on the Premises.

 

  1. Limitation of Liability. TO THE MAXIMUM EXTENT PERMITTED BY LAW, (A) THE MAXIMUM AGGREGATE LIABILITY OF OWNER AND PROPERTY MANAGER TO GUEST SHALL NOT EXCEED THE AMOUNT ACTUALLY PAID BY GUEST HEREUNDER, AND (B) NEITHER OWNER NOR PROPERTY MANAGER SHALL BE LIABLE FOR ANY CONSEQUENTIAL, INDIRECT, SPECIAL, EXEMPLARY OR PUNITIVE DAMAGES ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT OR THE RENTAL DESCRIBED HEREBY.

 

  1. Assignment. Guest may not assign this Agreement or any of its rights hereunder or re-rent or sublet the Property without the Property Manager’s written consent. 

 

  1. Governing Law, Venue. This Agreement is governed by New York substantive law, and any disputes shall be heard exclusively in the county where the Property is located.

 

  1. Email Notices. Any email notices to Guest from Property Manager may be made by email to the address listed above, and shall be deemed given upon transmission.

Pet Addendum

Guest may bring the following pets to the Property during the Rental Period, subject to the terms of this Pet Addendum:

 

Pet Type 

Pet Breed

Pet Weight  

Guests shall pay a Pet Deposit as listed on the first page of the Agreement. This Pet Deposit is non-refundable and is intended to compensate for the additional wear-and-tear to the Property caused by the pets, but not for damages caused by them.

Pet Rules:

  • All pets must be up-to-date on all required vaccines, including (but not limited to) vaccinations against rabies and distemper. Property Manager may require evidence of such vaccinations prior to allowing the pet on the Property;
  • Guest shall ensure that each pet has been treated for fleas and ticks prior to arrival, and that the pet’s nails have been properly trimmed;
  • Guest shall not allow pets to defecate or urinate inside except (for cats) in an enclosed litter box;
  • Guest shall remove and properly dispose of any fecal matter from pets in or around the Property;
  • Guest shall not allow the pets onto the furniture and shall clean up all pet hair prior to departure;
  • An additional $200 cleaning fee shall be charged if there is any pet hair on bedding or furniture;
  • All pets must be leashed when outside.
  • All pets must be crated when left alone;
  • Guest shall not allow any pet to bark, or howl to the annoyance of neighbors or in violation of any local noise ordinances.
  • Property Manager may require Guest to remove any pet from the Property, at any time, in Property Manager’s reasonable discretion if:
    • The pet is not as described above;
    • Guest’s rental party does not comply with the pet rules;
    • The pet attacks, injuries or damages any person, animal or property; or
    • The pet creates any nuisance or disturbance
    • Property Manager shall not be responsible for any increased costs or for any reduction or return of rent due to the required removal of a pet.
    • Dogs are the only allowed pets.