Mai Kai Resort managed by Atkinson Realty ERA

RENTAL TERMS AND CONDITIONS

In consideration of the advance rent received and the mutual promises herein, the Owner of the subject property, through Atkinson Realty, Inc. (“AR” or “Agent”), does hereby lease and rent to Tenant the property described herein under the following terms and conditions:

1) PAYMENT OF RENT AND FEES; ACCEPTED FORMS OF PAYMENT. Confirmation of your reservation is made with payment of the required advance rent payment. The lease agreement must be signed and returned to the Agent with your advance payment within seven (7) days of advance reservation. The balance of your rent, taxes and fees is due thirty (30) days prior to your check-in date.

A) PERSONAL CHECKS ARE NOT ACCEPTED AT CHECK IN OR LESS THAN THIRTY DAYS (30) PRIOR TO YOUR ARRIVAL. Reservations made less than thirty (30) days prior to arrival require payment in full by cashier’s check, certified check, ACH debit, money order, or credit card.

B) TAXES. The tax rates are determined by the Commonwealth of Virginia and the City of Virginia Beach and may change without notice.

C) ALL RENT MUST BE PAID IN U.S. FUNDS BY CHECK, ACH DEBIT, MONEY ORDER, CREDIT CARD, OR BY CASHIERS CHECK PAYABLE BY A U.S. BANK.  A service charge for any returned check will be added to the balance due. TENANT AGREES that if the Agent deposits rental money and/or damage deposit into an interest bearing escrow account, all interest that accrues with respect to such deposits shall be retained by and becomes the exclusive property of the Agent.

D) Credit Card Payments are made through a third party company. An additional fee may be assessed by the third party company. Atkinson Realty ERA has absorbed most of these costs, but reserves the right to charge a convenience fee of $20 for any charges that total over $7000.  Atkinson Realty ERA encourages you to use DEBIT cards, MasterCard and Discover.

2) DAMAGE DEPOSIT: Special Events require a mandatory damage deposit.  All other reservations will require payment of a taxable, non-refundable Damage Protection Plan fee.  Tenant agrees to be responsible for damages to the premises during the period of tenancy, including damages to the furnishings and household items resulting from the acts or inaction of the Tenant, or their invitees, but excluding normal wear and tear. It is the Tenant’s responsibility to report to Agent’s office upon arrival any damages found or any repairs required. The amount of the damage deposit or Damage Protection Plan fee is included in the taxes and fees in your confirmation and receipt notice. The purpose of the damage deposit is to protect the dwelling and contents from unintended or negligent damages and/or the dwelling being left abnormally dirty resulting in excessive cleaning costs. The units are carefully inspected after each rental. The damage deposit may also be applied to any additional or unpaid charges incurred by the Tenant during the term of this lease. In addition, Tenant agrees to reimburse Owner for any damage expenses incurred in excess of the damage deposit or Damage Protection Plan limit of $500, including collection costs and reasonable attorney’s fees incurred. Damage deposits will be processed for return not less than thirty (30) days after checkout.  Please note: the non-refundable Damage Protection Plan fee covers up to $500 of unintentional damage, and in order to be covered, any damage must be reported to Agent in writing prior to departure.

3) CHECK-IN TIME: Begins no earlier than 3:00 p.m. on the check-in day noted in the lease.  Agent makes every effort to ensure that all units are clean and ready for occupancy by check-in time; however in some instances it may be necessary to delay occupancy until the unit is ready.  In the event that check-in and occupancy is delayed due to storms resulting in an evacuation order, or conditions outside of the reasonable control of Agent, the rental fee will be adjusted and pro-rated to the date of the delayed check-in.  Except as otherwise provided herein, there are NO REFUNDS due to delayed occupancy. Tenant may not go to the property before checking in at Agent’s office, or as otherwise directed, as it delays cleaning, servicing, and inspection of the property, as well as your check-in time. If you anticipate arrival after 5 p.m., notify Agent’s office ahead of time so that arrangements can be made for keys and directions.

4) CHECK-OUT TIME: All units must be vacated by 10:00 a.m. on the check-out day noted in the lease (THERE ARE NO EXCEPTIONS TO THIS POLICY).  An extra day’s rent will be charged for all late checkouts.  Agent’s inspection crews require your timely departure, so that the unit can be prepared for the next tenants. Tenant is responsible for straightening all furniture, cleaning dishes, taking out trash, and leaving the unit in good order. Please ensure that you have packed all your belongings before checking out, as Agent will not be held responsible for items left in the rental property. If items are requested to be retrieved from the rental property and mailed to you, there will be a service charge in addition to the cost of mailing such items left behind.  All additional charges will be deducted from your damage deposit or billed to you directly as needed.  Lost and Found personal property will be kept at the agent’s office for no more than 7 days. All unclaimed property will be donated to a community need program.

5) RULES AND TENANT OBLIGATIONS - Tenants must comply with all municipal, state and federal laws, as well as the following:

A) ACCOMMODATIONS AND FURNISHINGS: Each property is privately owned, furnished, equipped for housekeeping, and decorated to the Owner’s taste. Kitchens come stocked with cookware and dinnerware. Beds have mattress pads, bedspreads, and pillows. You will need to bring all supplies you may need, including paper products, soaps, food and related staples, blankets, dish cloths, and personal items. If not provided by the Owner, you will need to bring bed linens and bath, dish and beach towels, or you may rent them  from a local rental company.  Ask agent for recommendations.

B) FAMILY GROUPS ONLY AND MAXIMUM OCCUPANCY: Tenancy is reserved for family groups only, as authorized by Agent’s contracts with the property Owners. No high school, college, civic, or other non-family groups are allowed to lease property without prior approval.  Identification must be furnished upon request. The occupancy limit, as stated in Agent’s advertising, cannot be exceeded. Occupancy count includes children. Violation of the above is grounds for immediate eviction with forfeiture of all rent and damage deposit paid.  Certain gatherings may require Special Event Insurance; please contact Agent’s Reservations Department for details.

C) MAINTENANCE & REPAIR: Every reasonable effort is made to keep each property and its equipment in good working order. Notify us promptly of any property issues. We will make every effort to correct problems within a reasonable time. Replacement properties are not provided. There will be NO REFUND given for inoperable appliances, malfunctioning mechanical systems, and faulty equipment, including HVAC systems.  Owner, Atkinson Realty, and their agents reserve the right to reasonably inspect the property during your occupancy and to make repairs to its fixtures, appliances, furnishings, and facilities during your rental period.

D) PETS: Most rental properties do not allow pets. Vacation homes that do allow pets accept no more than two (2) domestic dogs. NO OTHER ANIMALS OR PETS ARE ALLOWED. A taxable, non-refundable fee is charged for each pet. Pets found on properties not allowing pets is grounds for immediate eviction without refund and your damage deposit will be forfeited. Local ordinance requires that pet owners use air-tight containers to remove and dispose of all pet waste.

E) TELEPHONES: The property phone is for local calls only.

F) AFTER HOURS LOCKOUTS:  A service fee is charged for all after hour’s lockout calls. Tenants will meet Agent at their office and the service charge will be due and payable at that time.

G) GRILLS: International Fire Code states that open-flamed cooking devices shall not be operated on combustible balconies or within 10 feet of combustible construction. Open-flamed cooking devices are not permitted on condominium decks. Tenant is responsible for all damages occurring and costs incurred by Agent or the property Owner as a result of use of grills in violation of this policy.

H) FIREPLACES: Off-Season use.  Only fireplaces specifically listed in the unit descriptions are for Tenants’ use.  There will be NO REFUND for inoperable fireplaces.

(I) OWNERS’ CLOSETS: Locked closets are not available for access to Tenants or their invitees.  The doors are checked after each rental departure. If the doors have been tampered with, you will be billed for any required repairs and missing and damaged items.

J) DECKS: Occupancy on decks shall at no time during tenancy exceed the advertised maximum property occupancy.

K) SWIMMING POOL/HOT TUBS (SPAS): By signing this contract, you agree that you have read and understand the attached swimming pool and hot tub (spa) guidelines.

6) TRANSFER: Tenant may request to transfer a reservation from one week to another in the same unit during the same year. All requests for transfers must be made in writing to Atkinson Realty at least thirty (30) days prior to original check-in and may be approved based on availability of the unit. Rent for transfers which occur from a higher rental rate season to a lower rental rate season will remain at the charge for the higher rental rate. A transfer fee will apply.  Transfers to another rental unit will be treated as a cancellation (as noted in # 7 below).

7) CANCELLATION: All cancellations must be in writing.  In the event of an emergency cancellation occurring one week or less before check-in date, a verbal cancellation will be accepted by phone, but must be followed up in writing. Every effort is made to re-rent the property to minimize your loss. If the property is re-rented for the original rental period, or a portion thereof, the only refund due the Tenant will be funds received in excess of the original rental rate.  If the property is not re-rented, then Tenant will not receive any refund for any monies paid.  The Administrative Fee, Damage Protection Plan fee, and Trip Insurance Premium are non-refundable items. In addition, all cancellations are subject to a cancellation fee of 15% of the gross rent. Refunds are payable to the Tenant within   Forty Five (45) days after the subsequent re-rent payment has cleared accounts. Tip: Consider Trip Insurance, which may cover the cost of cancellation.

8) LIMITATION OF REMEDIES, DAMAGES, AND INDEMNITY: In the event Atkinson Realty or the Owner is unable to deliver the reserved property to Tenant for the full period under this lease agreement because of fire, eminent domain, act of nature, or act of war, or if the property is unavailable because of delay in construction or because of lack of water or sewer, or any other reason beyond Agent’s reasonable control, Tenant hereby agrees that Atkinson Realty’s and Owner’s sole liability as a result of any of these conditions is a pro-rated refund of rent previously tendered by Tenant pursuant to the terms of this lease for the dates that the property is unavailable to be delivered for occupancy. After occupancy, Tenant shall not be entitled to any refund due to unfavorable weather, mandatory hurricane evacuation, disruption of utility service (including cable and internet), or sand replenishment. Tenant also agrees that in the case of a double booking Tenant will be entitled to full refund of all rent and fees previously tendered by Tenant. Tenant agrees to be responsible for the cost of any repairs to the property required due to the negligence of or accidental damage by Tenant or their invitees in excess of that covered by the Damage Protection Plan. Tenant agrees to release, indemnify and hold harmless Owner and Agent from and against liability for damage or injury to the person or property of the Tenant, or to any member of their party, their invitees, or to anyone on said premises, whether invited or not invited by Tenant, resulting from any cause whatsoever, except only such damage or personal injury caused by the gross negligence or intentional acts of Owner or Agent.

9) MISCELLANEOUS:

A) This agreement shall not be binding unless and until Agent has received one-half of the gross rent and all payments have cleared Agent’s financial institution. Tenant acknowledges that they may not have access to the property leased until the full rental amount set forth herein has been paid.

B) Every effort has been made to assure that the information in this agreement, brochures and Internet listings is correct.  Atkinson Realty cannot be held responsible for changes made by Owners or advertising errors. Taste, style, and quality vary.  Atkinson Realty makes every effort to relay property information via pictures, descriptions, relative pricing, and website. There will be NO REFUNDS due to property advertising discrepancies.

C) This agreement may not be assigned by Tenant without the written consent of Agent.

D) This agreement shall be construed in accordance with the laws of the Commonwealth of Virginia, without consideration of its conflicts of law provisions.  If any provision of this Agreement is adjudged to be void or otherwise unenforceable, in whole or in part, the parties agree that such adjudication shall not affect the validity of the remainder of the Agreement. The parties agree that the Circuit Court for the City of Virginia Beach, Virginia, shall have exclusive jurisdiction to hear and decide any dispute between or among the parties arising out of or related to this Agreement.  Should Tenant fail to comply with any term of this agreement, Agent and Owner will be entitled to recover any damages or costs incurred as a result of such non-compliance, including reasonable attorney’s fees.

AGENCY DISCLOSURE: Atkinson Realty, Inc. is the Agent of the Owner and as such will lease property and provide information about property to Tenants and customers.

NOTICE: This is a legally binding contract. If not understood, seek competent legal advice. The property may or may not be owned by a Real Estate Licensee.

Thank You!....for making your reservation through Atkinson Realty ERA.  We look forward to your arrival and wish you a great vacation!