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:
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 three (3) days of advance reservation. The balance of your rent, taxes and fees is due thirty (30) days prior to your check-in date.
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, money order, or credit card.
TAXES. The tax rates are determined by the Commonwealth of Virginia and the City of Virginia Beach and may change without notice.
ALL RENT MUST BE PAID IN U.S. FUNDS BY CHECK, 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.
Credit Card Payments are made through a third-party company. An additional fee may be assessed by the third-party company. Atkinson Realty has absorbed most of these costs, but reserves the right to charge a convenience fee of $39.95 for any charges that total over $7000.
RATES: For the best rates please reserve your vacation directly with Atkinson Realty. Published rates are subject to change without notice. Atkinson Realty reserves the right to correct/changed any rate published by human error, misquoted verbally, written or due to computer error.
Damages: 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. 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. To ensure you are not charged for any previous damage please remember to report damages upon checking in. If damages are reported during or upon the tenant’s departure Atkinson Realty will email the bill to you for the damages. Tenants agree to pay the bill within 30 days or the credit card on file will be charged. Tenant agrees to reimburse owner for any damage expenses incurred, including collection costs and reasonable attorney's fees incurred. Tenants agree to present damages to Agent in writing prior to departure.
Security deposits: may apply on some properties and 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, including collection costs and reasonable attorney's fees incurred. Damage deposits will be processed for return not less than forty-five (45) days after checkout. In order to be covered, any damage must be reported to Agent in writing prior to departure.
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. 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. Office location: 932 Laskin Road Suite 300, Virginia Beach, VA 23451.
REQUIREMENT FOR CHECK-IN: You will NOT be allowed to check in if this lease agreement has not been signed by the lease holder(s) prior to your arrival date.
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 to the credit card on file 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.
RULES AND TENANT OBLIGATIONS - Tenants must comply with all municipal, state and federal laws, as well as the following:
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. We do not allow bedspreads, linens or towels to be removed from vacation rental homes or to be used at pools or the beach.
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. Reservations made under false pretenses are null and void, check-in will not be allowed and no refunds will be issued. Certain gatherings may require Special Event Insurance; please contact Agent's Reservations Department for details.
ADVANCE RESERVATIONS: Each summer season departing guests may reserve the same property for the week the following year. If this reservation is not made on or before your departure date, we will not guarantee your reservation for the following year. We cannot guarantee rates beyond the current published rates.
MIMIMUM STAYS: In some instances, and during the off season, individual property owners may allow less than a one week stay. The required minimum night stay is three-nights. Please call our office for details.
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, CREDIT or DISCOUNT 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.
CLEANING: In the event your rental property has any cleaning issues when you arrive, we must be notified immediately. The cleaners will be sent back to the property as soon as possible or the next day for any afterhours arrivals. Cleaners leave a tip envelope however tipping is not mandatory. NO REFUNDS, CREDITS, OR DISCOUNTS WILL BE ISSUED FOR ANY CLEANING ISSUES.
NO SMOKING: All of our properties are non-smoking properties. Smoking is strictly prohibited. Guests will be liable to pay for any and all damages, additional cleaning, ozone treatments, or replacement cost of any items resulting in damages or burns as a result from smoking in the property.
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 $200.00 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. Properties are not guaranteed to be hypoallergenic. Guests bringing assistance animals into properties may request an accommodation for the assistance animals. Tenant agrees to have assistance animal request paperwork completed and submitted prior to the commencement of the rental to allow Agent and Owner a reasonable period of time to evaluate the information set forth in the request. Any misrepresentation, omission or other falsehood on the service animal request form may be subject to tenant’s automatic forfeiture of all monies paid and immediate eviction from the property.
PARKING PASSES: Some of our vacation rentals required parking passes. Parking spaces may be restricted to a limited number of vehicles please call our office before your arrival date for parking information. Failure to return parking passes/or replacement passes will result in charges to your credit card or payment type on file.
TELEPHONES: The property phone is for local calls only.
AFTER HOURS LOCKOUTS: A $50.00 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.
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.
FIREPLACES: Off-Season use. Only fireplaces specifically listed in the unit descriptions are for Tenants' use. There will be NO REFUND for inoperable fireplaces.
OWNERS' CLOSET: 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.
DECKS: Occupancy on decks shall at no time during tenancy exceed the advertised maximum property occupancy.
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.
CONSTRUCTION: Atkinson Realty cannot be held liable for any interruptions caused by construction being done around, next door to or near your vacation rental home. Atkinson Realty cannot predict any planned construction nor are we advised of any planned construction. Therefore, Atkinson Realty will not be held responsible for any inconvenience arising from or related to construction going on in the area. No refunds, credits or discounts will be given.
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).
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, 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.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. 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. FUN PASS PARTNERS: You understand and agree that Atkinson Realty does not own any fun pass partner. You agree to hold Atkinson Realty harmless from any and all actions, claims, damages or liabilities whatsoever that may result from any action or inaction of the recommended Fun Pass Partners.
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.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. This agreement may not be assigned by Tenant without the written consent of Agent. 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. We look forward to your arrival and wish you a great vacation!