Terms and Conditions
Rental Agreement
Property Location: Old Orchard Beach, Maine
This Short-Term Vacation Rental Agreement (“Agreement”) is entered into between the Property Owner/Landlord (“Owner”) and the undersigned Guest (“Guest”).
1. Nature of Occupancy
This is a short-term vacation rental agreement for transient lodging purposes only and is not a residential lease. Guest acknowledges that occupancy is temporary and does not create a landlord-tenant relationship under Maine’s residential tenancy laws (Title 14 M.R.S. Chapter 710). Guest is a transient occupant and waives any claim to tenancy rights.
2. Rental & Payment Terms
- A 50% deposit is required to secure the reservation.
- The remaining balance is due per the booking confirmation terms.
- Failure to make timely payment constitutes default and may result in cancellation without refund.
Owner reserves the right to cancel the reservation if payment obligations are not met.
3. Cancellation Policy
All cancellation requests must be submitted in writing.
- More than 90 days prior to check-in: Full refund of deposits minus an 8% administrative/holding fee.
- 90 days or less prior to check-in: Guest is responsible for the full rental amount unless Owner is able to re-rent the Property for the same period. Any re-rented amounts may be credited at Owner’s discretion.
Owner makes no guarantee of re-rental.
Chargebacks initiated in violation of this policy constitute breach of contract.
4. Use & Occupancy
- Maximum occupancy shall not exceed the number stated in booking confirmation.
- At least one responsible adult (18+) must occupy the Property at all times.
- No parties, events, commercial activity, or unlawful activity permitted.
- Excessive noise or disturbance may result in immediate termination without refund.
- Guest must comply with all Town of Old Orchard Beach ordinances.
Unauthorized occupants may result in eviction and additional charges.
5. Pet Policy
No pets are permitted unless expressly authorized in writing.
Unauthorized pets constitute material breach and may result in:
- Immediate termination of occupancy
- Forfeiture of all payments
- Additional cleaning and damage charges
6. Property Condition / “As Is”
Guest acknowledges:
- The Property is rented “AS IS.”
- Guest has either inspected the Property or voluntarily waives inspection.
- Failure to inspect does not relieve Guest of obligations.
- Any damage must be reported within 24 hours of check-in.
Unreported damages will be presumed to have occurred during Guest’s stay.
7. Security / Damages
Guest is financially responsible for:
- Damage beyond normal wear and tear
- Missing items
- Excess cleaning
- Trash removal violations
- Fines resulting from ordinance violations
Owner may charge the credit card on file for documented damages.
8. Owner Access
Owner or authorized agents may enter the Property at reasonable times to:
- Inspect
- Make repairs
- Provide services
- Show to contractors or prospective buyers
Emergency access may occur without notice.
9. Amenities Disclaimer
Amenities are provided as a convenience and are not guaranteed. No refunds shall be issued for temporary failure of:
- Appliances
- Utilities
- Air conditioning
- Internet
- Television
- Weather conditions
- Off-site construction or neighborhood issues
Repairs will be made as reasonably possible.
10. Force Majeure / Casualty
If the Property becomes uninhabitable due to fire, casualty, or other event beyond Owner’s control prior to occupancy, Owner shall refund prorated unused rent.
This Agreement shall not terminate due to weather, travel interruptions, government advisories, beach closures, or other conditions beyond Owner’s control.
11. Liability Waiver & Indemnification
Guest acknowledges that use of the Property, decks, stairs, outdoor showers, parking areas, and surrounding premises involves inherent risks.
Guest agrees to:
- Assume all risk of injury to self and invitees.
- Release Owner from liability for injury, loss, theft, or damage.
- Indemnify and hold Owner harmless from claims arising from Guest’s occupancy.
Owner is not responsible for lost or stolen property.
12. Parking
Guest is entitled to two (2) designated parking spaces only. Unauthorized vehicles, trailers, or RVs are prohibited.
13. Subletting
Subletting or assignment is strictly prohibited without written consent.
14. Utilities
Utilities are included unless otherwise specified. Excessive or abusive utility use may result in additional charges.
15. Termination for Default
Owner may immediately terminate occupancy without refund for:
- Non-payment
- Unauthorized guests
- Pets
- Parties
- Illegal activity
- Violation of house rules
In such event, Guest must vacate immediately.
16. Governing Law / Venue
This Agreement shall be governed by the laws of the State of Maine.
Venue for any dispute shall be in York County, Maine.
Guest agrees to personal jurisdiction in Maine courts.
17. Attorney’s Fees
In the event Owner must pursue collection or enforcement, Guest agrees to pay reasonable attorney’s fees and costs.
18. Electronic Signatures
Electronic signatures and scanned counterparts shall be legally binding and treated as originals.
19. Entire Agreement
This Agreement constitutes the entire agreement between the parties and supersedes all prior discussions or representations.
20. Acceptance
This Agreement becomes binding upon:
- Signed acceptance by Guest
- Receipt of required deposit
- Written confirmation by Owner
Optional Add-Ons (Recommended)
- Mandatory renter’s travel insurance clause
- Surveillance disclosure (if exterior cameras are present)
- Mold & environmental disclosure
- Bed bug protocol disclosure
- Cleaning fee clarification
- Credit card authorization language
- Waiver of jury trial
- Arbitration clause (optional)