Rental Agreement

Please be sure to read this rental agreement (the “Agreement”), as well as our Terms & Conditions, Privacy Policy, and Inclusion and Community Behavior Policy. The vacation rental property you have selected (the “Vacation Rental”) may have additional rules, policies, terms and conditions that apply to your stay, which are found in the description section(s) of the Vacation Rental.

When you click on “Book Now” you are acknowledging and agreeing to each of the described terms and conditions, as well as the following for the selected property:

1. BOOKING TRANSACTION. This Agreement is between (“Sea Duck Cottage, LLC” or “Host’“), and the individual completing this booking transaction for the Vacation Rental located in Jonesport, Maine (“you” or “Guest”). You agree that you will be present at the Vacation Rental for the entire duration of the reservation and that you will be responsible for the actions and behavior of each individual present at the Vacation Rental during your stay. This includes ensuring each individual in your party or otherwise present at the Vacation Rental is aware of and in compliance with the terms identified in this Agreement.

2. PAYMENT TERMS & CANCELLATION. The total amount due, including the base rates, taxes, and fees are displayed on the checkout webpage for the Vacation Rental. 50% of your total payment will be due upon checkout, as indicated in the “amount to be charged now” line. The balance is due 30 days prior to arrival. Please review these amounts carefully. You may rebook your dates, however, there is no refund. If a renter’s reservation is made directly on the Sea Duck Cottage website and a request is made by the renter to change their reservation, the request must occur more than ten days prior to arrival and be in writing (to include a text message). The renter agrees that their new reservation is subject to availability and the new reservation does becomes non-refundable.

3. HOUSE RULES & POLICIES. The Vacation Rental does not permit or allow parties of any size, and does not permit smoking/vaping/e-cigarettes inside the Vacation Rental. If found to be in violation of these rules, the renter agrees to forfeit their security deposit. Although no extra charges or security deposit will be required for a licensed service animal, if the renter does bring a licensed service animal and any animal hair, animal food or the like is found inside the condo upon departure, the renter agrees to forfeit the security deposit in full. The Vacation Rental occupancy can not exceed the posted maximum occupancy in the description per the Jonesport Fire Marshall regulations. Quiet hours are from 11pm until 6am every day. Parking is free however trailers, boats, and RVs are not permitted.  You agree to abide by all the posted rules listed onsite. Please review these terms carefully, as violation(s) may result in additional fees or the immediate removal of you and other members of your party from the Vacation Rental without refund. All stated house rules are established by Sea Duck Cottage LLC and they are the sole entity to make exceptions to these rules. Further, violation of any state or federal law or city ordinance by any individual at the Vacation Rental during your reservation will result in the immediate removal of you and other members of your party from the Vacation Rental without refund.

4. ARRIVAL DETAILS & CHECK-IN/CHECK-OUT.  Check-in time is no earlier than 4 pm on your arrival date. Check-out time is no later than 10am on your departure date. (Unless other arrangements are agreed upon in advance and in writing via email or text) Failure to abide by these times will result in a fee of $100.00/hour for the first hour and incrementally by 15 minutes after the first hour. If you or any member of your group fails to vacate the Vacation Rental at the designated check-out time, you grant Sea Duck Cottage LLC the right to charge the credit card number used to book the Vacation Rental for the rates mentioned above. Further, Sea Duck Cottage LLC, may initiate any and all proceedings necessary to remove you or any member of your group or your belongings from the Vacation Rental immediately.

5. DAMAGE. The Security Deposit and the related terms and conditions are set forth on the Sea Duck Cottage LLC webpage and are incorporated into this Agreement. Any damage to the Vacation Rental must be reported to Sea Duck Cottage LLC before check-out. This may include damage or loss occurring during your stay, violations of house rules or policies, additional cleaning fees, and/or any fines or other costs incurred by the behavior of you or any other occupant during your stay in violation of laws or other regulations. You grant Sea Duck Cottage LLC the right to charge the credit card number used to book the Vacation Rental for any such damages, including, but not limited to, additional cleaning fees. We charge $89.00 per hour to repair any damage occurred to the unit with a minimum of one hour charged. To ensure that the proper party is held responsible, please notify Sea Duck Cottage LLC of any damage found at check-in on your arrival date. If the Vacation Rental is found to have had tobacco consumed in it in any form or a pet, or service animal, is brought in without prior written agreement between you and Sea Duck Cottage LLC, you agree to forfeit your Security Deposit.

6. FEES & ADDITIONAL SERVICES. All mandatory and optional booking-related fees will be disclosed in the Vacation Rental listing. If you fail to select any option(s) that incur additional fees applicable to your stay and it is later discovered that you should have selected such option(s), you grant us the right to charge the credit card number used to book the Vacation Rental for the associated additional fees. These additional fees and services would be a result of violating the terms in the Agreement.

7. MAXIMUM OCCUPANCY. The maximum number of people that may occupy the Vacation Rental is indicated in the listing description. For clarification, this number applies to all overnight guests, day visitors and children. Unless otherwise approved by us (Sea Duck Cottage LLC), occupancy over the indicated capacity may result in the immediate removal of you and other members of your party from the Vacation Rental and forfeiture of all amounts paid. Maximum occupancy is established by the Jonesport Fire Marshall and Sea Duck Cottage, LLC is not authorized to make exceptions to these terms.

8. CONDITION OF THE PROPERTY. We care very much about our Vacation Rental and strives to keep it in excellent shape. If you notice any problems, hazardous conditions, housekeeping issues, or maintenance issues, please notify Sea Duck Cottage LLC immediately. If the Vacation Rental is not in the condition represented in the rental listing, We may, with our sole discretion, offer an appeasement; provided, however, that in no event will such an appeasement exceed the amount you paid for the reservation. You hereby acknowledge that since the Vacation Rental has access to shared amenities, the repair and maintenance of such shared amenities may not be within the Host’s responsibility or control and no appeasement(s) would be made.

9. HOST ACCESS. In the very unlikely case, you agree to allow Sea Duck Cottage, LLC,  maintenance personnel and/or agents of Sea Duck Cottage LLC reasonable access to the Vacation Rental during your stay if requested. Such access may be necessary to resolve maintenance related issues you report. In the event of an emergency, the Vacation Rental may be accessed without prior notice or permission.

10. CLEANLINESS. You are expected to treat the Vacation Rental with respect, keeping in mind that this is an individual’s home, not a hotel room. Even though a cleaning fee is charged, you are expected to leave the Vacation Rental in a clean, neat, and orderly condition and respect the Host’s requests regarding check-out procedures. Disposal of all garbage in the nearest dumpster is expected as well as placing all the dirty dishes in the dishwasher that need to be cleaned on the departure day.

11. CANCELLATIONS. In the very unlikely event Sea Duck Cottage LLC cancels your booking, you will be notified as quickly as possible. In such cases, we may provide the option to substitute a comparable property selected by us, or refund 100% of any amounts paid to us. If you accept the substitute property, all rules, policies, terms and conditions specified in the description section for the substituted property shall apply, even if they differ from your original reservation.

12. FORCE MAJEURE. In the event your stay at the Vacation Rental becomes impossible for any reason outside of our control, including natural disasters, fire, evacuation orders, Acts of God or other acts of government agencies, we may choose to cancel your booking and issue a partial or full refund or booking credit of the amounts paid to us. For purposes of clarification, no refund (partial or full) or credit is due (or will be made) to you for inclement weather, any pandemic related issue or trip interuption. You and your invitees must comply with any mandatory evacuation order. We strongly encourage you to purchase Travel Insurance. Details of this insurance can be found on our website.

13. INDEMNIFICATION & HOLD HARMLESS; ASSUMPTION OF RISK. You agree to indemnify and hold harmless your Host, for any liabilities, damage, cost or expense whatsoever arising from or related to any claim in connection with your use and/or occupancy of the Vacation Rental, including, but not limited to, any claim or liability for personal injury, damage, fines, penalties, loss of personal belongings, or theft of property, which is made, incurred, or sustained by you and/or anyone using the Vacation Rental during your stay. You and anyone using the Vacation Rental during your stay accepts and assumes all risks involved in or related to the use of third-party transportation vendors, activities participated in while on the premises, or amenities provided at the property, as applicable.

14. ATTORNEY’S FEES & COSTS. If we employ the services of an attorney or attorneys to enforce any conditions of this Agreement, you shall be liable to us, as applicable, for reasonable attorney’s fees and costs incurred. Any costs incurred related to any case brought forth in court against the renter by Sea Duck Cottage, LLC to include searching and locating the renter, subpoenas, transaction fees and court fees will be the responsibility of the renter. Should any judgment made against the renter cause a collection to occur, the renter agrees to be responsible for all costs associated with the collection of the judgment.

15. FALSIFIED BOOKINGS. If your booking was made under false pretense, including, but not limited to, a falsified name, age or size of group, you will be subject to immediate cancellation of your reservation, removal from the property, and forfeiture of all amounts paid, including possible revocation of your Security Deposit.

16. LIMITED SHORT-TERM RENTAL. It is expressly understood and agreed that this is a short-term vacation rental and is not a lease or other long-term residential tenancy agreement. This Agreement is only for the licensed use of the Vacation Rental for the stated reservation dates. It creates no property rights in you and no rights to renewal or for recurring usage. This includes any governmental agency requiring you to quarantine in the event of a COVID related issue and you agree to this. The Host will assist in finding a suitable place for you to stay at past your departure date if the Vacation Rental is not available but will not guarantee a place will be found. You shall not sublet the Vacation Rental or any part of it and shall not assign any interest (in whole or in part) to this Agreement or any rights here under.

17. TRAVEL INSURANCE. Sea Duck Cottage LLC offers travel insurance from their website. The Host strongly encourages you to purchase travel insurance. Details and coverages are all explained on the website, www.seaduckcottage.com/travel-insurance . Purchasing this travel insurance is completely and wholly optional and at the sole discretion of the Guest. This insurance can protect you from trip cancellations, interruptions and COVID related issues among many other unforeseen events.

18. MEDIATION & ARBITRATION. If you have a dispute that arises from or relates to this Agreement or the Vacation Rental, and if the dispute cannot be settled through direct discussions, you agree to try to settle the dispute by mediation administered by a qualified person, organization or company as chosen by the Host.

19. LIMITATION OF LIABILITY. TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT WILL SEA DUCK COTTAGE LLC, NOR ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND/OR OWNERS, BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, OR PUNITIVE DAMAGES ARISING OUT OF OR IN CONNECTION WITH YOUR STAY AT THE VACATION RENTAL. THIS LIMITATION APPLIES TO ALL CLAIMS FOR DAMAGES WHETHER BASED ON A THEORY OF WARRANTY, CONTRACT, TORT (INCLUDING ORDINARY NEGLIGENCE), STRICT LIABILITY, OR ANY OTHER CAUSE OF ACTION, EVEN IF BRANSON KNIGHTS, LLC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND EVEN IF THE LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.

20. CLASS ACTION & JURY TRIAL WAIVER. ANY AND ALL PROCEEDINGS TO RESOLVE CLAIMS WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED OR REPRESENTATIVE ACTION. IF FOR ANY REASON A CLAIM PROCEEDS IN COURT RATHER THAN IN ARBITRATION, THE PARTIES EACH WAIVE ANY RIGHT TO A JURY TRIAL.

21. INJURY / DEATH The Host not responsible for any injury, drowning and/or death caused to any party occupying the Vacation Rental while your stay with them. Please keep in mind that at the private access to the property’s beach and ocean area,  there are NO Life Guards present and all swimming is done at your own risk. We are not responsible to or for any injuries occurring while on the property, on the community’s amenities or elsewhere on the property of Sea Duck Cottage LLC.