THIS AGREEMENT made by and between Newport Lodging, LLC, herein called "Owner," and You, whether one or more, herein called "Guest." Owner hereby agrees to rent to Guest the real property, herein called “Property” at the physical address, specified rate, and for the period set out in the specified dates selected by Guest and listed in the Reservations and Bookings Page. Owner rents the Property to Guest on the following terms and conditions:
1. PAYMENTS AND CANCELLATION:
Guest will be charged 50% of total booking cost (including taxes and fees) at the time of reservation. 30 days prior to stay, Guest will be charged the 50% balance that remains. If a cancellation is necessary, 50% of the deposit will be returned if the cancellation occurs 90 days prior to the beginning of any stay. Should a cancellation occur within 90 days of any stay, no refund will be issued.
Check in time is 3:00pm and check out time is 11:00am. Guest shall be permitted to have the maximum overnight occupancy at the Property according to the specific unit type reserved as provided below. Any violation of these occupancy limits shall allow the Owner to terminate the lease and remove Guest, all other persons and their possessions:
Studio: 2 People - Cottage: 4 People - 1 Bedroom Suite: 4 People – 2 Bedroom Suite: 6 People
Guest covenants and agrees with Owner to:
- Comply with all obligations imposed upon Guest by applicable provisions of building codes materially affecting health and safety.
- Keep the Property in as clean and safe as the condition as when first occupied.
- Dispose from the Property all rubbish, garbage, and other waste in a clean and safe manner. All garbage must be taken out upon departure and placed in receptacles provided for the building.
- Keep all plumbing fixtures in the Property and used by the Guest in good clean operating condition.
- To use in a reasonable manner all electrical, plumbing, sanitary, heating, ventilating, air-conditioning, and other facilities and appliances including elevators in the Property.
- To not destroy, deface damage, impair, or remove any part of the Property or knowingly permit any person to do so.
- To conduct himself and require other persons on the Property with his consent to conduct themselves in a manner that will not disturb his neighbor's peaceful enjoyment of other parts of the Property.
- To comply with all laws and ordnances of the municipality where the Property is located, including and not in limitation of the foregoing, noise ordinances and ordinances related to the maximum number of people allowed in a building and to indemnify Owner from all loss or damages resulting from Guest’s violation of such ordinances.
3. Security Deposit:
The Guest acknowledges and grants permission for Owner to retain his/her credit card information as a form of Security Deposit. This Security Deposit is to guarantee the return of the Property to the Owner in the same or better condition as when accepted by the Guest, reasonable wear excepted. The Security Deposit is to indemnify the Owner against damage and/or loss of value as a result of the Guest's action, mistake, or inaction during the term of occupancy. Guest is responsible for damage and/or loss of value to the Property and Guest hereby agrees to reimburse the Owner for such loss immediately upon the presentation of a bill for said damage and/or loss via charge to the credit card on file. Guest warrants that he/she will meet all aspect of this agreement in every respect, and acknowledges that failure to do so will result in charges against Guest’s credit card.
4. Parking Pass, Smoking and Pet Policies:
Guest accepts the Property in its present state of cleanliness. They agree to return the Property in a similar condition. Guest acknowledges that one parking space will provided at the Property. Guest acknowledges that the Property has a smoke free policy. There will be a $250.00 non-refundable restoration fee charged to the credit card on file for those who do not comply. The East Island Reserve welcomes pets for an additional fee of $100 per stay. Guests traveling with pets must call (401) 845-8300 prior to booking to verify availability of a pet-friendly room or risk not being able to check in with a pet and/or incurring any associated cancellation penalties.
5. Appliances, Furnishing, and Accessories:
The Cottages and Suites are rented with the following appliances: Refrigerator, Stove, Dishwasher, and Microwave. The Lodge features a kitchenette equipped with a Mini-Refrigerator and a Microwave. Such appliances in the Property are there solely for the convenience of the Guest. Any furnishings and accessories on the Property may be used by the Guest, however the Guest assumes sole responsibility to keep said furnishings and accessories in working and/or operating condition. Guest agrees to return said furnishings and accessories to the Owner at the termination of this rental agreement in the same or better condition, reasonable wear excepted.
6. Use of Property:
Guest agrees to use the premises only as a residence for him or herself and not more than as provided in paragraph 2. Guest assumes responsibility for actions taken by other occupants and any person entering the Property. Owner will hold Guest solely responsible for all damages to property or for violations against this rental agreement.
7. Attorney's Cost:
Guest shall reimburse Owner for reasonable attorney’s fees and court costs for any action taken by Owner to enforce this lease.
8. Repair Policy:
Guest shall keep the Property in good order and repair. Guest is encouraged to treat the Property as their home. Guest acknowledges responsibility for any damages caused by Guest or his/her invitees.
9. Removal of Owner's Property:
If anyone removes any property belonging to Owner within the unit, this will constitute immediate revocation of the lease and Guest shall immediately vacate. Owner may seek reimbursement from the Security Deposit and also take further legal action.
10. Condition of Property:
The Guest acknowledges that the Property is in good condition. If there is anything about the condition of the Property that is other than in good condition, Guest agrees to report it to Owner upon taking possession of the Property. Guest agrees that failure to report any defects will be legally binding proof that the property is in good condition at the time of occupancy.
11. Inventory and Inspection Record:
An Inventory and Inspection Record has been provided for the Guest's use. Owner warrants that all major systems will be functional and in good repair at time of possession. Light switches, wall plugs, doors, windows, faucets, drains, locks, toilets, sinks, heater, etc., will either be in working order or will be repaired once Guest have completed the Inspection and Inventory Record. Guest is encouraged to report any necessary repairs, no matter how slight but they are hereby advised the Owner does not normally repair or replace nonfunctional items such as paint, carpets, etc., every time a property changes possession. Those items are scheduled for repair/replacement at regular intervals regardless of Guest turnover.
12. Guest Responsibility:
Good housekeeping is required of Guests and other occupants. Guest agrees to keep quarters clean and in sanitary condition. The Guest agrees not to permit any deterioration or destruction to occur while they are occupying the property. They agree to maintain the walls, woodwork, floors, furnishings, fixtures and appliances (if any), windows, screens, doors, fences, plumbing, air-conditioning and heating, electrical and mechanical systems as well as the general structure and appearance of the property. Guest agrees to follow all Owner policies and regulations, especially where posted. All trash must be removed from the Property and dishes must be washed and put away upon departure.
13. Vehicle Policy:
The Guest agrees never to park or store a motor home, camper, trailer, boat, or any sort of recreational vehicle in the designated parking space and to park only automobiles only in the parking space provided. The Guest must follow rules and laws of the City of Middletown regarding parking. Owner is not responsible for Guest’s parking needs beyond the one space provided. Off street parking for others is not provided by Owner.
Owner will be responsible for payment of all utilities, garbage removal from outside of Property, water and sewer charges, telephone, gas or other bills incurred during their residency.
15. Disclosure of Owner Agent:
The Owner, Newport Lodging, LLC, may be represented at various times by its employees or agents, who will carry identification. Owner's address is: 543 Thames Street, Newport, Rhode Island 02840.
16. Validity of Lease Provisions:
Any provision set forth in this rental agreement which is contrary to the state Residential Owner and Guest laws shall be treated by Owner and Guest as void and as if it were not set forth herein, but all other provision of the rental agreement shall remain in full force and effect.
17. City, County, or State Violations:
Guest is responsible for paying all violation fees issued against the Guest or Owner during occupancy by the City of Middletown, Newport County or State of Rhode Island for non-compliance to city, county or state laws. If the Owner is required to appear in court, Guest acknowledges responsibility for Owners legal and court cost and shall pay an additional $350 fee to compensate Owner for his time.
All rights given to Owner by this agreement shall be cumulative in addition to any laws that exist or might come into being. Any exercise of any rights by Owner or failure to exercise any rights shall not act as a waiver of those or any other rights. No statement or promise by Owner, its agents or employees, as to tenancy, repairs, amount of rate to be paid, or other terms and conditions shall be binding unless it is put in writing and made a specific part of this agreement.
19. Legal Binding:
Guest hereby states that he or she has the legal rights to sign for any and all other residents and to commit them to abide by this contract.
21. Full Disclosure:
The Guest(s) signing this rental agreement hereby acknowledge(s) that all questions about this rental agreement have been answered, that they fully understand all the provisions of the agreement and the obligations and responsibilities of each party, as spelled out herein. They further acknowledge that they agree to fulfill their obligations in every respect or suffer the full legal and financial consequences of their actions or lack of action in violation of this agreement.
22. PRICING, AVAILABILITY, DISCOUNTS AND PROMOTIONS:
Pricing and availability are subject to change at any time at the sole discretion of the Owner. All discounts and promotions are subject to availability. Discounts or promotions cannot be applied to existing reservations.