This Booking Agreement (“Agreement”) is made and effective by and between “Member” (hereinafter the “Owner”) and “Guest” (hereinafter collectively the “Guest”).
Owner hereby licenses to Guest and Guest accepts in its present condition the Premises located at the property address as outlined during the Guest booking process (hereinafter the “Premises”).
The term of this Booking Agreement shall commence on the check-in date as outlined during the Guest booking process (“Commencement Date”) and terminate on the check-out date as outlined during the Guest booking process (“Termination Date”- the period between the Commencement Date and the Termination Date shall be referred to as the “Stay”). In the event that Owner is unable to provide the Premises on the Commencement Date, then Owner shall provide the Premises as soon as possible, and Guest’s obligation to pay a Property Fee (as defined herein below in Paragraph 3) shall abate during such period during the Stay. Guest shall not be entitled to any other remedy for any delay in providing the Premises.
3. PROPERTY FEE AND REFUNDS.
Guest agrees to pay, without demand, to Owner, a Property Fee and certain other fees for the use of the Premises as per the Booking Summary information and instructions located at the online check-out. Owner may impose a late payment charge or Owner may terminate this Booking Agreement (in Owner’s sole discretion) without refunding the Security Deposit if payment is not received as per the payment deadlines outlined in the Booking Summary. Guest also agrees to pay any transaction fees owed to any third party credit card processor as set forth in the Booking Summary information and instructions. Guest acknowledges and agrees that Guest is not entitled to a refund of any Property Fees or other fees under any circumstance, other than the Security Deposit which shall be refunded only in accordance with the terms and subject to the conditions set forth in this Agreement.
Guest agrees that the Premises has a maximum occupancy as outlined on the property listing page. Guest agrees that the Premises has a comfortable sleeping occupancy as outlined on the property listing page. Guest has also confirmed that the Premises will be occupied by the actual number of occupants as outlined during the booking process. If Guest has misled Marquis Rentals, LLC (“Marquis”) or the Owner, Guest may forfeit the Security Deposit and face further legal action by Owner.
Guest acknowledges that neither Owner or Marquis will provide insurance coverage for Guest’s property, nor shall Owner be responsible or liable for any loss of or damage to the property of Guest or Guest’s family, invitees or visitors, whether by theft, fire, acts of God, or otherwise.
6. USE OF PREMISES; OBLIGATIONS AND DUTIES OF GUEST
(A) The Premises shall be used and occupied by Guest exclusively for residential purposes. Neither the Premises nor any part of the Premises shall be used at any time during the term of this Booking Agreement for the purpose of carrying on any business, profession, or trade of any kind, or for any purpose other than residential use.
(B) Guest shall comply with all laws, ordinances, rules, and orders of appropriate governmental authorities with respect to the Premises and shall not engage in any illegal activity upon the Premises.
(C) Guest shall keep the Premises clean and leave the Premises in the same condition as when Guest took possession of the Property. In that regard, Guest shall dispose of all ashes, rubbish, garbage and other waste in a clean and safe manner in accordance with ay guidelines set forth by the Guest and all laws, ordinances, rules, and orders of appropriate governmental authorities with respect to the Premises.
(D) Guest may use, in a reasonable manner, all electrical, plumbing, sanitary, heating, air conditioning and other facilities and appliances serving the Premises. Any damage caused to same as a result of Guest’s use of same shall be the responsibility of Guest.
(E) Guest must immediately inform the Owner of any condition of which Guest has actual knowledge which may cause damage to the Premises.
(F) Guest’s use of the Premises is at Guest’s own risk. Guest must keep all doors and windows locked and shall not leave any valuables in the Premises. Neither Owner nor Marquis Rentals, LLC make any representations or warranties of any kind regarding the safety of said Premises and are not responsible for any personal injuries or property loss resulting from including, but not limited to, invitees, intruders, burglars, criminals or vandals entering into the Premises irrespective of how said persons gained access to said Premises.
(G) Guest acknowledges that Owner is not required to provide a security alarm system or any security for the Premises or for Guest and that if any such alarm system or security service is provided, Owner makes no representations or warranties with respect to the adequacy or sufficiency of such system or service. Guest hereby releases Owner and Marquis from any loss, suit, claim, charge, damage or injury resulting from lack of security or failure of security.
(H) In the event of any injury to Guest, Guest’s occupants, family, invitees, visitors, or guests or damage to any of their personal property, suffered in the Premises, Guest shall provide written notice of same to Owner at the address designated for delivery of the Property Fees as soon as possible, but not later than 2 days after the occurrence of said injury or damage. Failure to provide such notice shall constitute a breach of this Booking Agreement.
(I) Guest agrees to comply with all house rules established by the Owner (the “House Rules”) located within the check-out process and such House Rules may be waived, changed or supplemented from time to time upon the prior written notice of Owner.
(J) Guest shall depart the premises on the Termination Date and applicable “Checkout Time” as indicated on the booking. Owner, or its Assignees may enter and occupy the house on the Terminate Date and applicable “Checkout Time.”
(K) The exact bed configuration may be slightly different than as advertised in pictures. However, the exact bed configuration is accurately listed within all property descriptions.
Guest may be provided one or more keys, access cards or garage door openers for the Premises, which must be returned to Owner upon termination of this Booking Agreement or when Guest vacates the Premises. Guest is not permitted to make copies of any keys, access cards or garage door openers under any circumstances.
8. SECURITY DEPOSIT
You must provide the Owner with a valid credit card to act as collateral for any losses or damages to the Property (including its contents) during your Stay and the Owner or Marquis (or its third party processor) may charge such credit card up to the amount of these losses or damages. You will be provided with prior notice of any proposed charge. If you are required to pay an additional cash security deposit upon execution of this Booking Agreement, Guest shall deposit with Owner a security deposit in the amount and per the instructions set forth in Booking Summary (the “Security Deposit”) as security for the performance by Guest of the terms of this Booking Agreement. The Security Deposit shall be returned to Guest, without interest, following the full and faithful performance by Guest of this Booking Agreement, which may take up to six (6) weeks. In the event of damage to the Premises or its consents arising from Guest or Guest’s invitees, agents or visitors use of the Premises, your credit card may be charged or Owner may deduct funds from the Security Deposit to make any repairs or replacements or to pay for any charges incurred by Owner as a result of Guest’s occupancy; provided, however, Guest remains liable for the cost of any damage/repairs above the sum of the Security Deposit. Guest may not apply the Security Deposit to any fees (i.e. Property Fees, etc. owed to Owner).
9. CONDITION OF PREMISES
Guest acknowledges that Guest has not relied on any representations made by Owner or the Company regarding the condition of the Premises and that Guest takes the Premises “AS-IS” with no express or implied warranties or representations beyond those contained herein or required by applicable law.
This Booking Agreement may not be assigned, subcontracted, transferred or otherwise disposed of by the Guest without the prior written consent of the Owner, which consent may be withheld for any reason or no reason at all. Any attempt to assign this Booking Agreement shall be deemed a breach of this Booking Agreement, in the sole discretion of Owner. Any assignment without the prior written consent of Owner, or an assignment by operation of law, shall be void and, at Owner’s option, terminate this Booking Agreement.
11. ALTERATIONS AND IMPROVEMENTS
Guest shall make no changes or alterations to the Premises or make other improvements without the prior written consent of Owner. Any alterations, changes or improvements consented to by Owner with the exception of fixtures removable without damage to the Premises and movable personal property, shall, unless otherwise provided by written agreement between Owner and Guest, be the property of Owner and remain at the expiration or earlier termination of this Booking Agreement.
12. DANGEROUS MATERIALS
Guests shall not keep or have on or around the Premises any article or thing of a dangerous, inflammable, or explosive character that might unreasonably increase the danger of fire on or around the Premises or that might be considered hazardous.
13. MAINTENANCE AND REPAIR
(A) Guest will, at Guest’s sole expense, keep and maintain the Premises and appurtenances in good and sanitary condition and repair during the term of this Booking Agreement. Owner shall, at Guest’s sole expense, make all required repairs to the plumbing, appliances, oven heating apparatus, electric and gas fixtures, other mechanical devices and systems, floors, ceilings and walls whenever damage to such items shall have resulted from Guest’s misuse, waste, or neglect, or that of the Guest’s invitee, agent or visitor.
(B) Guest agrees to promptly notify Owner in the event of any damage, defect or destruction of the Premises, or the failure of any of Owner’s appliances or mechanical systems, and except for repairs or replacements that are the obligation of Guest pursuant to Subparagraph (A) hereinabove, Owner shall use its best efforts to repair or replace such damaged or defective area, appliance or mechanical system.
(C) Guest agrees that if any repairs are necessary which are Owner’s responsibility to make and are delayed in being made by reasons beyond Owner’s control, there shall be no effect on the obligations of Guest under this Booking Agreement.
14. RIGHT OF INSPECTION
Owner and Owner’s agents shall have the right at all reasonable times during the term of this Booking Agreement and any renewal of this Booking Agreement to enter the Premises for the purpose of inspecting the Premises and/or making any repairs to the Premises or other item as required under this Booking Agreement.
15. DISPLAY OF SIGNS
During the term of this Booking Agreement, Owner or Owner’s agent may display “For Sale” or “For Rent” or “Vacancy” or similar signs on or about the Premises and enter to show the Premises to prospective purchasers or guests.
16. HOLDOVER BY GUEST
At the expiration of the Stay, Guest shall quit and surrender the Premises in as good a condition as it was at the commencement of this Booking Agreement, reasonable wear and tear excepted. Should Guest remain in possession of the Premises without the consent of Owner after the conclusion of the Stay, Owner is entitled to double Property Fees, pro-rated per each day of the holdover, lasting until Guest vacates the Premises. Notwithstanding anything to the contrary within, Owner or its Assignees may enter and occupy the house on the Termination Date.
17. NO ILLEGAL USE
(A) Guest shall not perpetrate, allow or suffer anything contrary to law or ordinance to be carried on upon the Premises. Guest shall bear responsibility for any and all illegal acts or omissions upon the Premises and shall be considered in breach of this Booking Agreement upon conviction of Owner or any of Owner’s family, invitees, visitors, or guests for any illegal act or omission, whether known or unknown to Owner.
(B) All requirements of the State, Federal and Municipal authorities having jurisdiction thereof shall be complied with by the Guest, and all violations placed on the Premises resulting from Guest’s use of the Premises, shall, within a period of twenty-four (24) hours after notice to the Guest, be satisfied or removed by the Guest or work shall have commenced to do so and such work shall be expeditiously completed. Guest shall hold harmless the Owner and Marquis from any claim, suit, damage, penalty or liability arising from or in connection with the failure of the Guest to comply with such requirements or to remove said violations.
(A) In the event of the occurrence of any of the following defaults, the Owner shall have the right, at the Owner’s option, to terminate this Booking Agreement and the term hereof, as well as any right or interest of the Guest hereunder, by giving the Guest notice in writing, and this Booking Agreement and the term hereof, as well as all rights or interest of the Guest hereunder, shall wholly cease and expire in the same manner and with the same force and effect (except as to the Guest’s liability) as if the date fixed by such notice were the expiration of the Stay; and the Guest shall immediately quit and surrender to the Owner the Premises and each and every part thereof and the Owner may enter into or repossess the Premises without summary or other proceedings:
i. If the Guest shall fail to pay to the Owner any Property Fee or any additional Property Fees or other charges as and when the same shall become due and payable during the Stay,; or
ii. If the Guest shall violate or fail to comply with any of the other terms, covenant or conditions of this Booking Agreement; or
iii. If any execution, attachment, court order or judgment shall be issued against the Guest or any of the Guest’s property whereby the Premises or the contents therein shall be taken or occupied or attempted to be taken or occupied by someone other than the Guest; or if any execution or attachment shall be issued against Guest, Owner or any of Guest’s property whereupon the Premises shall be taken or occupied by someone other than Guest or if this Booking Agreement be rejected under Section 365 of the U.S. Code (Bankruptcy Code); or if Guest shall fail to move into or take possession of the Premises within seven (7) days after the commencement of the term of this Booking Agreement, of which fact Owner shall be the sole judge.
(B) If the notice provided for above shall have been given, the term shall expire as aforesaid; or if Guest shall make default in the payment of the Property Fees required herein or any item of additional Property Fees herein mentioned or any part of either or in making any other payment herein required; then and in any of such events Owner may without notice, re-enter the Premises either by force or otherwise, dispossess Guest without summary or other proceedings, and the legal representative or Guest or other occupant of the Premises and remove their effects and hold the Premises as if the Booking Agreement had not been made.
(C) It is understood and agreed that Guest shall not attempt to apply or deduct any portion of any Security Deposit from the Property Fees or use or apply any such Security Deposit at any time in lieu of payment of Property Fees. If Guest fails to comply, such security deposit shall be forfeited and Owner may recover the Property Fees due as if any such deposit had not been applied or deducted from the Property Fees due. For the purposes of this paragraph, it shall be conclusively presumed that a Guest leaving the Premises while owing Property Fees is making an attempted deduction of deposits. Furthermore, any Security Deposit shall be held as a guarantee that Guest shall perform the obligations of the Booking Agreement and shall be forfeited by the Guest should Guest breach any of the terms and conditions of this Booking Agreement.
If at any time during the Stay, Guest abandons the Premises or any of Guest’s personal property in or about the Premises, Owner shall have any of the rights afforded to Owner by law, including, but not limited to, entering the Premises by any means, terminating this Booking Agreement and relicensing the Premises, for the whole or any part of the then unexpired term. Owner is entitled to presume that Guest has abandoned the Premises if Guest removes substantially all of Guest’s property from the Premises, if the Premises is unoccupied for a period of seven (7) consecutive days, or if it would otherwise be reasonable for Owner to presume under the circumstances that the Guest has abandoned the Premises.
(A) Guest hereby agrees to indemnify, defend and hold Owner and Marquis Rentals, LLC harmless against any claims, demands, causes of action and payment, including legal fees and disbursements which Owner shall be required to pay by reason of claims of personal injury, or property damage sustained or alleged to have been sustained from the use, maintenance and occupancy of the Premises, provided however, that this indemnification and hold harmless shall not be applicable to any claim, demand or cause of action whereby Owner or anyone acting on behalf of Owner is adjudicated grossly negligent. In the event any claim is made or any action, suit or proceeding instituted against the Owner, Owner shall send written notice thereof to Guest and Guest shall, at its own cost and expense, defend against the same, provided however that the obligations to defend at Guest’s own cost and expense shall be inapplicable to claims, demands or causes of action whereby Owner or anyone acting on behalf of Owner is adjudicated grossly negligent. The indemnification provisions provided herein shall survive the termination of this Booking Agreement.
21. NO LANDLORD-TENANT RELATIONSHIP ESTABLISHED.
For the avoidance of all doubt, this Booking Agreement shall not establish a landlord-tenant relationship between Guest and Owner and Guest shall not be entitled to any of the legal protections nor proceedings made applicable by law or contract (lease) to a tenant in an actual landlord-tenant relationship.
If any part or parts of this Booking Agreement shall be held unenforceable for any reason, the remainder of this Booking Agreement shall continue in full force and effect.
23. JOINT AND SEVERAL LIABILITY
If there are multiple Guests listed on this Booking Agreement, all such Guests are jointly, severally and individually bound by, and liable under the terms and conditions of this Booking Agreement. A judgment entered against one Guest shall not bar an action against other Guests.
24. BINDING EFFECT
The covenants and conditions contained in the Booking Agreement shall apply to and bind the heirs, legal representatives, and permitted assigns of the parties.
25. GOVERNING LAW
It is agreed that this Booking Agreement shall be governed by, construed, and enforced in accordance with the applicable state laws.
26. ENTIRE AGREEMENT
(A) This Booking Agreement contains the entire agreement between the parties and all prior negotiations, representations and agreements are merged herein.
(B) This Booking Agreement may not be waived, altered or modified except by an agreement in writing signed by the parties hereto.
(C) The undersigned represent that they are duly authorized to execute this Booking Agreement on behalf of each of the respective parties hereto.
Any notice required or otherwise given pursuant to this Booking Agreement shall be in writing; hand delivered, mailed certified return receipt requested, postage prepaid, or delivered by overnight delivery service, if to Guest, at the address provided to Marquis Rentals, LLC as party of the booking process and if to Owner, at the address for payment of Property Fees. If there are multiple Guests listed in this Booking Agreement, then notice to one (1) Guest shall be sufficient as notice to all Guests.
28. REDMEDIES NOT EXCLUSIVE
The remedies and rights contained in and conveyed by this Booking Agreement are cumulative, and are not exclusive of other rights, remedies and benefits allowed by applicable state law.
29. NO WAIVER
The failure of Owner to insist upon the strict performance of the terms, covenants, and agreements herein shall not be construed as a waiver or relinquishment of Owner’s right thereafter to enforce any such term, covenant, or condition, but the same shall continue in full force and effect.
This Agreement may be executed electronically and in more than one counterpart, each of which shall be deemed an original and all of which together shall be deemed one and the same instrument.