THIS AGREEMENT is made by and between East Island Reserve, LLC, herein called "Owner," and You, whether one or more, herein called "Guest or Guests." Owner leases to Guest/Guests and Guest/Guests rents from Owner 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/Guests and listed on the Reservations and Bookings Pages. Owner leases the Property to Guest/Guests on the following terms and conditions:
1. PAYMENTS AND CANCELLATION:
Guest agrees to the following payment and cancellation terms:
- Guest will be charged 100% of the total booking cost (including taxes and applicable fees) at the time of booking.
- Guest who cancels more than 7 days prior to the scheduled arrival date will receive a full refund less a $50.00 processing fee.
- No refunds will be issued to Guest who cancels within 7 days of the scheduled arrival date.
- No refunds will be issued for early departures or no shows.
- A $50.00 change of date fee will be charged if change is made within 7 days of the original scheduled arrival date. If the room rates are higher for the new dates of stay, the Guest will be charged the difference between the new rates and the original rates as well as additional taxes and applicable fees. This charge will be made at the time the change is made. Date changes are subject to availability and not guaranteed. Multiple date changes will not be permitted.
- Guests who elect a Buy Out of East Island Reserve should refer to their Buy Out Contract for the applicable Payment and Cancellation policies.
- Refer below for dog fee rates.
COVID-19 Modified Cancelation Policy: We are trying to be as flexible as possible with our cancelation policy during the COVID-19 crisis. In doing so, we have enacted a temporary amendment to our standard cancelation policy that will apply ONLY to verifiable COVID-19 related cancellations.
If a Guest's reservation is cancelled within the nonrefundable period stated in the terms and conditions at time of their booking, a date change without fees or a gift certificate in the total value of the reservation at that time will be offered.
Should Guest not comply with the Rhode Island Department of Health's mandated COVID-19 Certificate of Compliance Submittal, Guest's reservation will be cancelled 48 hours prior to arrival and the total value of the reservation at that time will be placed on a gift certificate.
Check in time is 4:00 p.m. and check out time is 11:00 a.m. Guest shall be permitted to have the maximum overnight occupancy at the Property according to the specific room type reserved and outlined below. Occupancy is regardless of age. Any violation of these occupancy limits shall allow the Owner to terminate the reservation and remove Guest, all other persons and their possessions:
Studio: 2 People
Cottage: 4 People
Guest House: 6 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 condition as when first occupied.
- 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.
- To not destroy, deface, damage, impair, or remove any part of the Property or knowingly permit any person to do so.
- To conduct themselves and require other persons on the Property with Guest's consent to conduct themselves in a manner that will not disturb Guest's 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.
- Guest will be responsible for any financial cost and/or financial losses to the Owner as a result of any noise related incidents by Guest or Guest's invitees.
- Delivery by East Island Reserve employees of gift bags or other items supplied by Guest to Guest's Studio, Cottage, Guest House and/or Suite can be arranged by contacting Guest Services at 401-845-8300 at least 48 hours prior to the date of arrival. Gift bags/other items must be dropped off to Guest Services at least 24 hours prior to date of arrival. There will be a delivery fee of $5.00 per bag/item processed at the time of drop off. Perishable items should not be included. Each bag/item must be clearly labeled by Guest with the Guest's name and room number. Arrangements for any other deliveries can be made by contacting Guest Services at 401-845-8300 at least 48 hours prior to the date of arrival. Additional delivery fees may be incurred.
- Guest and all other occupants must abide by the established Quiet Hours between 10:00 p.m. and 7:00 a.m. daily.
- Guest and all other occupants acknowledge and agree that a violation of Owner's rules, requirements, or procedures of any kind may result in Guest's dismissal from the property without refund.
3. Security Deposit:
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 aspects of this agreement in every respect, and acknowledges that failure to do so will result in charges against Guest's credit card. If Guest's credit card is declined Owner reserves the right to pursue collection of these charges through all other legal means available.
4. Cleaning Fee, Parking, Smoking and Dog Policies:
Guest accepts the Property in its present condition. Guest agrees to return the Property in a similar condition. There will be an at cost non-refundable restoration fee charged to the credit card on file for those who do not comply.
Guest acknowledges that one parking space per unit will be provided at the Property. Limited additional parking may be available on site for a fee of $25 per space, per day. No prorated options are offered. If additional parking is needed, Guest must contact the Guest Services Office at least 48 hours prior to arrival to inquire about availability. Limited additional parking spaces are never guaranteed and operate on a first come first served basis. Should the Guest not return a parking pass which has been provided by the Owner, a $25 fee will be charged to the account without notice to the Guest.
Guest acknowledges that the Property has a smoke free policy. Guest will be charged $150.00 for smoking in a non-smoking Studio, Cottage, Guest House, Suite and/or Common Area.
East Island Reserve welcomes dogs only provided the following are adhered to:
- A maximum of two dogs are allowed per cottage.
- A charge of $50 per dog per night will be charged at the time of booking.
- Guest is not permitted to bring dogs to the Property that have not been booked and charged for. Guest will be asked to leave the Property if this dog policy is violated and a refund will not be issued.
- Rabies and vaccinations must be current for all dogs at the Property. Guest assumes full responsibility for their dogs and are liable should any damage or harm be caused by their dogs to other dogs, humans, or property.
Guests traveling with a dog(s) 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(s) and/or incurring any associated cancellation penalties.
5. Appliances, Furnishing, and Accessories:
The Cottages and Suites are reserved with the following appliances: mini-refrigerator, stove, dishwasher, microwave and full-size washer and dryer. The Lodge rooms feature a kitchenette equipped with a mini-refrigerator and a microwave. The Guest House features a kitchen with full size appliances. Such appliances in the Property are there solely for the convenience of the Guest. Appliances, furnishings and accessories on the Property may be used by the Guest; however, Guest assumes sole responsibility to keep said appliances, furnishings and accessories in working and/or operating condition. Guest agrees to return said appliances, furnishings and accessories to the Owner at the termination of this reservation in the same or better condition, reasonable wear excepted.
6. Use of Property:
Guest agrees to use the premises only as a temporary residence for him or herself and not for more than the number of Guests provided in paragraph 2. Guest assumes responsibility for actions taken by other occupants, invitees and any other person entering the Property. Owner will hold Guest solely responsible for all damages to property and for violations against this reservation 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 rental agreement.
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 or damages any property belonging to Owner within the unit or on any common ground, this will constitute immediate revocation of the reservation and Guest shall immediately vacate. Owner may seek reimbursement from the Security Deposit and also take further legal action.
10. Condition of Property:
Guest acknowledges that the Property is in good condition. If there is anything in or on the Property that would not be considered in good condition, Guest agrees to report it to Owner upon taking possession of the Property by visiting Guest Services or calling (401) 845-8300. 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. Systems Information:
Owner warrants that all major systems will be functional and in good repair at time of possession. Guest is encouraged to report any necessary repairs, no matter how slight, but they are hereby advised that 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.
12. Guest Responsibility:
Good housekeeping is required of Guest and other occupants. Guest agrees to keep quarters clean and in sanitary condition. Guest agrees not to permit any deterioration or destruction to occur while they are occupying the property. Guest agrees to maintain the walls, woodwork, floors, furnishings, fixtures and appliances, 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.
13. Vehicle Policy:
Guest agrees never to park or store a motor home, camper, trailer, boat, or any sort of recreational vehicle and to park only automobiles in the onsite parking provided. Guest must follow all rules and laws of the Town of Middletown regarding parking.
Please be advised that camera surveillance equipment (CCTV) is used in common/public areas for the safety and security of Guests and Vacation Newport employees as well as to ensure the protection and proper use of the property in general. This equipment may or may not be monitored at any time. Surveillance cameras are utilized only in common/public areas where there is no 'reasonable expectation of privacy.' Common/public areas may include pools, building entrances, hallways, parking lots, kitchens, common gathering areas, office areas, property grounds, etc. At no time will any surveillance equipment be located in any bedroom, bathroom or any other facility where a 'sense of privacy' is expected.
15. Disclosure of Owner Agent:
Owner 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. Guest Services address is: 985 East Main Road, Middletown, RI 02842.
16. Validity of Reservation Provisions:
Any provision set forth in this reservation 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 provisions of the reservation agreement shall remain in full force and effect.
17. City, County, or State Violations:
Guest is responsible for paying all violation fees issued to Guest or Owner by the Town of Middletown, Newport County or State of Rhode Island for non-compliance to city, county or state laws by the Guest or Guest's invitees. If the Owner is required to appear in court, Guest acknowledges responsibility for Owner's legal and court cost and shall pay no less than an additional $350.00 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.
Guest agrees to indemnify and defend the Owner against, and to save it harmless from, any and all claims of whatever nature, for injury or damage to persons or property (including, without limitation, lost or stolen property) in or about the Property, or arising from any accident, injury or damage, arising within the parking area, if any, resulting from an act, default or omission on the part of the Guest or his/her invitees, children, relatives and friends.
20. Legal Binding:
Guest hereby states that he or she has the legal rights to sign for any and all other Guests and to commit them to abide by this contract.
21. Full Disclosure:
By agreeing to this reservation agreement, Guest hereby acknowledges that all questions about this agreement have been answered, and that they fully understand all the provisions of the agreement and the obligations and responsibilities of each party, as spelled out herein. Guest further acknowledges and agrees to fulfill Guests obligations in every respect or suffer the full legal and financial consequences of their actions or lack of action in violation of this agreement. In addition, Guest hereby acknowledges and opts-in to the Vacation Newport email and text message list by agreeing to the terms and conditions herein and willingly accepts current and future communications via email and other various media platforms from Owner including third party emails from TripAdvisor to send review solicitation emails.
22. Pricing, Availability, Discounts, Promotions and Gift Cards:
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, promotions and/or special offers cannot be applied to existing reservations nor can they be combined with other offers regardless of the nature. All gift cards, retain no physical cash value and must be redeemed towards a future reservation. Gift cards cannot be used on a future reservation to secure a reimbursement under any circumstance.
23. No Tenancy Created:
Even though this document uses the terms 'leases' and 'rents', Guest acknowledges that the property is a transient occupancy and no Landlord/Tenant relationship is created.