Rental Agreement Terms and Conditions

Foran Realty Rental Terms

Rental Agreement

TERMS AND CONDITIONS

A completed “Vacation Rental Agreement” is required within 24-hours to hold your reservation. The Rental Deposit is due upon receipt. Review and acceptance of the Foran Realty Terms & Conditions which is made part of this rental agreement is required before a confirmation will be issued. 

RENTER REQUIREMENTS: For legal and accounting purposes, the person placing the reservation must be the same as the credit/debit card holder. This person is considered to be the Guest. All other persons involved with the rental are considered to be the Guest’s invitees, and all discussion regarding reservation, cancelation, and damage policies will be discussed with the Guest, not the Guest’s invitees.

DOWN PAYMENT/ PAYMENT: A reservation can be made with a 50% down payment, of rental rate, paid by credit card when the reservation is made. All additional fees are due at time reservation is made.  A $75.00 Booking Fee is charged to all leases. Full payment is charged 60 days prior to scheduled arrival date. If a check (payable to Foran Realty, Inc.) or money order is not received by the due date, the balance will be charged to your credit card. The credit card must have an expiration date that extends beyond your stay. If a reservation is made less than 60 days prior to arrival, full payment is due when the reservation is made. A $35.00 service charge will be incurred for any returned checks.

BALANCE PAYMENT: If no other payment is received 60 days prior to arrival, we will automatically run the balance on the credit card on file. Balance is due no later than 60 days prior to your arrival date. We can keep the balance payment on the same credit card used for the initial payment, you can call with a different card, or a check or money order can be issued at least 60 days prior to your arrival.

Make check payable to: Foran Realty, Inc.
Mail to: Foran Realty, Inc., PO Box 839, East Dennis, MA 02641

DAMAGE POLICY: Every reservation requires either (1)damage protection policy (“Vacation Rental Damage Plan”) OR (2) a  refundable security deposit. Each owner decides which option and what level will be required for their property.  (1) This Vacation Rental Damage plan covers unintentional damages to the rental unit interior that occur during your stay, provided they are disclosed to management prior to check out. Full details of the Vacation Rental Damage coverage are contained in the Description of Coverage or Insurance Policy.  (2) If a security deposit has been made, no portion may be applied to additional rental time or fees or other charges accrued by the Guest/ Invitees. It is understood that said deposit is not to be considered prepaid rent, nor shall any damage claim (if any) be limited to the amount of said security deposit which shall be held by Foran Realty.  Owner or his agent must submit to the Guest an itemized list of any damages claimed to have been caused by the guest and return the entire security deposit, less any damage and other lawful deductions within thirty (30) days after termination of tenancy and Foran Realty of 585 Main Street, Dennis MA 02638 (508-385-9114) is the person to receive notices of violations of law, notices of repair and to accept services of process for the owner. GUEST will be responsible for all damages and breakage and/or loss to the premises except for normal wear and tear.

EMERGENCIES/ MAINTENANCE: In the event of a problem getting in the home or if there are problems with condition or functionality of the home, please immediately contact the Foran Realty’s office (508-385-9114)  If it is after office hours we will make every effort to return your call as soon as possible.

ARRIVAL TIME: Check in is at 2 pm. Keys are to be picked up at Foran Realty, 585 Route 6A  (Olde Dennis Court), Dennis, MA 02638 between the hours of 2:00 and 5: 00 PM on the day of check in. In the event you require a late check in please contact Foran Realty in advance of your stay to make other arrangements to pick up the keys.

DEPARTURE TIME: Check out is at 10 am.  THE GUEST WILL LEAVE THE PREMISES IN THE SAME GENERAL CONDITIONS AS FOUND UPON ENTRY.  Keys are to be returned to Foran Realty, 585 Route 6A  (Olde Dennis Court), Dennis, MA 02638  no later than 10:00 AM on the day of your departure.  All personal property, food, trash must be removed.

CANCELLATIONS: In the event the Guest cancels his/her lease prior to occupancy, the deposit may be refunded, less a handling fee of 12% of the total rent, excluding additional fees (Processing and Insurance Products) charged at time of booking,  if and when the property is re-rented for the same time period.  In the event the premises cannot be re-rented for the full value paid by the Guest, the refund shall be reduced by the difference of the two rents.  In the event the unit is not rented, the deposit shall be retained by the owners.This loss can be avoided if Rental Guardian Trip and Travel Cancelation Insurance was purchased and the reason for cancelation is covered under the travel insurance policy. All reservation changes must be acknowledged in writing.  Foran Realty does NOT issue refunds due to acts of nature such as: weather, road conditions, or power outages, but Rental Guardian Trip and Travel Insurance does provide some protection against these instances.

OPTIONAL VACATION RENTAL TRIP AND TRAVEL INSURANCE: Rental Guardian Vacation Rental Trip Insurance is available through Foran Realty and covers cancelation or interruption of your stay, travel delay, baggage delay, rental car damage, and emergency/medical/dental expenses. Please read your documentation carefully as certain limitations, restrictions, and exclusions apply. The plan is optional, but we strongly recommend it. In case of unforeseen events, this insurance helps protect your vacation investment.For questions concerning the travel insurance or to make a claim due to a cancelation, please call Rental Guardian directly at 1-877-409-3953. The insurance premium, 7% of the total, is non-refundable and non-transferable.  For more information please click here.

OCCUPANCY LIMIT/CONDUCT OF GUESTS: As in accordance with Local Town By Laws, Guest(s) agrees that more than the number of people stated on the reservation shall not occupy the premises DURING THE DAY AND NIGHT DURING THE ENTIRE RENTAL PERIOD. The rental is not intended for parties, nor gatherings at any time of anyone except those who have paid to occupy the property. The Guest also agrees not to interfere with neighbors Rights of Quiet Enjoyment.  If there is excessive noise or music, any illegal activity, or evidence of violation of these policies, you may be asked to vacate the premise without any refund and additional charges may be assessed. Please inform us of any change in the number of guests before your arrival to avoid these charges and so the home can be prepared appropriately for your group. No exceptions or refunds are given for changes in the number of guests after your arrival.

LEAD PAINT:  In the event your rental was build before 1978, we will mail out to you a copy of the Short-Term Vacation Rental Exemption Notification form after your lease has been returned.  If you would like a copy before please contact our office.

CLEANING FEE(s): Cleanings after check out are included in your rental rate unless otherwise clearly stated. Undue and/or unreasonable cleaning of the home shall be charged to the Guest’s/Cardholder’s credit card as an Additional Cleaning Charge at a rate of up to $65/hour, with a one hour minimum. This also applies to the property exterior, grounds, and hot tubs (if so equipped).  If you would like additional cleanings while you are with us they can be arranged in advance for an additional fee of $50/hr with a one hour minimum.

LINENS & TOWELS:  The Guest shall supply towels and bed linens unless otherwise clearly stated.  Linens and Towels can be rented at an additional charge. Contact Foran Realty for additional information on renting Linens and Towels during your stay.

SMOKING: Smoking is NOT permitted in any Foran Realty Property. If there is any tobacco smell in the home after your departure, there will be a minimum $250 charge. Oil lamps, candles and incense are not permitted.

PLUMBING: Properties are serviced by private septic systems.  DO NOT put anything down the toilets except for human waste and toilet paper.  Plungers are provided if a clog occurs. Any clogs that require a professional unclogging call which was the result of inappropriate items being flushed will result in a $500 charge to the guest.

SATELLITE TV, INTERNET & PHONE CALLS: All properties are privately owned and have different subscription packages for cable and/or satellite and internet. Foran Realty does not guarantee any programs, events or reception. Guest(s) are liable for ordering any Pay Per View – if Guest(s) does not use their own credit card for ordering, programming charges plus an additional $5.00 processing fee will be charged to the credit card we have on file. Some properties are equipped with a telephone; short calls within the U.S. are permitted.

WOOD STOVE/FIREPLACE: Fireplaces and Wood Stoves are NOT to be used by our guests.

PETS: Pets are not allowed in any of our Vacation Rental Homes, unless clearly stated.

LEFT ITEMS: Please check carefully for belongings before you leave. Left items can be mailed to you if requested and you will be charged shipping costs plus a $10 service fee. Pick up may also be arranged at our Dennis office. Foran Realty is not responsible for lost or stolen items.

RIGHT OF ENTRY: The Guest(s) agrees to allow the Foran Realty, view the condition of the premises, both inside and outside upon (4) four hours’ notice to the Guest if requested, unless reason for access is emergency in nature, an attempt will be made to contact the guest prior to entry.  If unsuccessful a note will be left that Foran Realty was in the home for the Guest.

SECURITY & SAFETY RISKS: ALWAYS LOCK DOORS AND WINDOWS WHEN YOU LEAVE THE HOME! When you rent the home, you assume responsibility for it and its contents, as well as your personal property. Always lock the doors and windows when you leave the home.  Guest is responsible for lost key replacement costs. Foran Realty does not assume any responsibility for injuries resulting from your failure to use due caution. Candles are not allowed due to fire hazard except citronella candles in buckets outside, or supplied emergency candles in case of power outage.

LOCK OUT: There will be a $25.00 fee for lost keys or lock out service.

INDEMNIFICATION & HOLD HARMLESS: While Foran Realty and its Property Owners strive to maintain Vacation Properties in the finest condition, no guarantees are expressed nor implied regarding suitability or for any particular purpose. All Guest(s) and their invitees use the Vacation Property structures and premises at their own risk. Foran Realty and its Property Owners shall not be held liable or otherwise responsible in any way for injury to any Guest and/or their invitees that is caused or permitted to be caused by the intentional or unintentional acts of said Guest(s) and/or invitees, or by the failure of structures, appliances, (including hot tubs and BBQs) furnishings, and/or other equipment, whether by malfunction, misuse, acts of God/nature, and/or are otherwise naturally occurring. No guarantees are expressed nor implied as to the suitability of utilities and other services provided to the Vacation Properties and adjacent structures and premises. No guarantees are expressed nor implied regarding the suitability/compatibility of materials utilized in the construction of the Vacation Property and/or its contents. If Guest(s) do not personally inspect the premises prior to signing this AGREEMENT, Guest(s) agree to accept the rental property, as is, upon arrival, provided it meets the basic standards of habitability under Massachusetts Law.  In addition, Guest(s) agree that we may not be entitled to a refund of rent money and will have no claim or recourse against the Rental Agent or Foran Realty, Inc.

Foran Realty and its Property Owners shall not be held liable nor otherwise responsible in any way for allergic reactions to Guest(s) or invitees, caused or permitted to be caused by materials utilized in the manufacture of the Vacation Property and/or its contents, nor from mold and/or airborne spores, nor from pet/animal allergens, nor from chemical agents including, but not limited to appliances, linens, carpeting, utensils, fixtures, hot tubs, and/or other equipment. By written or electronic endorsement of this Agreement, Guest(s) and invitees hereby agree to forever hold-harmless and indemnify Foran Realty and its Property Owners from and against all claims, demands, loss, liability/responsibility of any kind and character, including cost of defense, arising out of or in any way connected with the Guest(s) use of the property.

It is clearly understood and agreed that the Foran Realty and the Foran Realty’s Agent are acting as a transaction agent only and shall not in any event be held liable to Owner or to the Guest for the nonfulfillment of any terms or conditions of this agreement, or failure to act of Owner, Guest or other person.  It is further agreed and understood that Foran Realty is not a Property Manager and therefore has no responsibility with respect to the condition of the premises or any liability arising from claims there from. Foran Realty makes no representations or warranties as to the condition or description of the property.  Any notices to Foran Realty should be sent to Foran Realty, Inc., PO Box 839 East Dennis, MA 02641.  Phone: 508-385-9114 Fax: 508-385-7308.

In the event of a subsequent sale of the same rental unit to said Guest at any future date a broker’s fee shall be paid to Foran Realty, Inc. in the amount of 2.5 % of the sale price by the Guest.

Foran Realty, Inc.
PO Box 839
East Dennis, MA 02641
www.rentcapecodproperties.com
rentals@foranrealty.com
508-385-9114 ph
508-385-7308 fax