Terms and Conditions

Keys & Access Codes.  The entry code is electronic. Owner will provide Guest with an electronic access code for the apartment entrance. 

 

Rental Rules & Restrictions. Rules are listed as Exhibit B on the rental agreement. If any person in the Rental Party fails to follow any of the Rules, the Rental Party may be asked to vacate the Property and Guest will forfeit all rent paid.

 

First payment (due now):  50% of the reservation due upon signing. The reservation will be confirmed upon receipt of the first payment. 

Second payment: 50% due 30 days prior to the reservation. 

Payment Terms. Guest agrees to pay the Owner the rental amount.

 

Cancellation: If Guest cancels the reservation 60 days prior to check-in, the payment is refundable.

Cancellation within 60 days of the reservation,  the payment will be forfeited.

 

Cleaning: Daily housekeeping services are not included in the rental rate. Throughout the rental period, Guest will be responsible for keeping the apartment clean and in good condition. Any unsafe or dangerous condition must be reported to Owner immediately. Guest acknowledges that on the Arrival Date, the Property is in good condition, except for any defect Guest may report to the Owner by the end of the Arrival Date. The Property should be left in the same condition as it was found by Guest on the Arrival Date. Guest promises to leave the Property in good repair. 

 

Furnishings. The apartment comes fully furnished. Furnishings are subject to change without notice. Furniture, bedding, kitchen equipment, utensils, and any other personal property supplied with the Property must not be moved and or removed from the Property. Loss of any items within the Property or damage to the Property or furnishings in excess of normal wear and tear will be charged to Guest. The Property will be inspected by the Owner after Guest’s departure. All contents of the Property are the property of the Owner. If an item should break, Guest must notify Owner immediately. 

 

Check In / Check Out Procedures: Check in is anytime after 4PM on the arrival date. Check out is anytime before 11AM on the departure date. **WITH THE EXCEPTION OF APARTMENT #3, THE TRIPLEX. CHECKOUT IS AT 10AM.**

When leaving, please leave all towels hanging in or on the bathroom floor. If you can kindly leave all dishes, silverware, pots and pans in the dishwasher please. If you don’t mind starting the dishwasher that would be greatly appreciated but not required. Please bag or throw all trash in the cans. 

**The cleaning service often has a short time between guests to get the home ready for the next guest, so there will be a $250 fee for anyone who has not checked-out by that time.** 

 

Pets: Pets must be given permission. We love pets and try to ensure you and your furry friends enjoy your trip! Any damage, unannounced or non-permitted pets will incur a $250 charge.  With that in mind, we ask you to clean up as best as possible. If needed, there may be an additional $50 cleaning fee per stay (requested after the stay if necessary). This would reflect additional cleaning if needed.

 

Security Cameras: The building has security cameras around the main entrances. There are NO video or recording devices in the unit. IF you see anything suspicious – PLEASE ALERT ME IMMEDIATELY.

 

Smoking: The unit is non-smoking. There will be a $250 fee for smoking / smoke damage. Recreational Marijuana  – RM is legal for purchase in Massachusetts. RM is not to be smoked in the house. 

 

Party: If guests are found to have had a party without host permission, guests will be responsible for extra cleaning charges and in the unfortunate event of the disruptions alerting neighbors, GUESTS WILL BE ASKED TO VACATE THE PROPERTY IMMEDIATELY.

 

Overstaying without the Host’s Consent Policy: Guest(s) agree that a confirmed booking is merely a license granted by the Host to the Guest to enter and use the Listing for the limited duration of the confirmed booking and in accordance with the Guest’s agreement with the Host. Guest(s) further agree to leave our property no later than 11:00AM on the day of check-out. If a Guest(s) stays past the agreed upon check-out time without the Host’s consent, the Guest(s) no longer has permission to stay at our property and the Host is entitled to make the Guest(s) leave. In addition, Guest(s) agree that the Host can charge the Guest(s), an additional night of that day’s base rate without discount and any loss of business or refunds to other guests caused by not checking out on time (this does not entitle you to stay an additional night or give you permission to remain at our property).

 

Limitation on Liability.  Owner is not responsible for any accidents, injuries or illness that occur to any member of the Rental Party or Guest’s visitors while in the Property or on the Property. Owner is not responsible for loss of personal belongings or valuables belonging to any member of the Rental Party or any of Guest’s visitors. Guest agrees to assume the risk of any harm arising from use of the Property. 

UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, TORT, CONTRACT, STRICT LIABILITY, OR OTHERWISE, SHALL OWNER BE LIABLE TO GUEST OR ANY OTHER PERSON FOR ANY DAMAGES OF ANY NATURE WHATSOEVER INCLUDING ARISING OUT OF OR RELATING TO THIS AGREEMENT OR GUEST’S RENTAL OF THE PROPERTY OR USE OF THE PROPERTY. IN NO EVENT WILL OWNER BE LIABLE FOR ANY DAMAGES IN CONNECTION WITH THIS AGREEMENT, EVEN IF OWNER SHALL HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE.

 

Indemnification.  Guest acknowledges that the use of the Property by the Rental Party and Guest’s visitors is entirely at their own risk. Guest will indemnify and hold harmless Owner from any and all expenses, costs, damages, suits, actions, or liabilities whatsoever arising from or related to any and all loss of or damage to personal property, injury or death resulting from the use or occupancy of the Property or the failure of any member of Rental Party or Guest’s visitors to observe the Rules and restrictions set forth in Paragraph 7.  

 

Violation of AgreementIf Guest or any member of the Rental Party violates any of the terms of this Agreement, including but not limited to maximum occupancy, visitors and rental rules and restrictions, Owner may evict Guest and the Rental Party from the Property and Guest will forfeit all rent and security deposit paid.

 

RIGHT TO ENTER. The Owner shall have the right to enter the Premises at reasonable hours to inspect the Premises, make repairs or to show it to prospective purchasers, GUESTS or agents.  The OWNER shall inform the GUEST of his/her intention to enter the Premises at least 24 hours in advance.  In the case of emergency or abandonment or failure of GUEST to provide access, the OWNER may enter the Premises at any time without further notice. Maintenance may inspect the premises, at an agreed upon time, for routine maintenance, inspect for defects, damage or other issues. 

 

Governing Law. This Agreement and all transactions contemplated by this Agreement will be governed by, and constructed and enforced in accordance with the laws of the State of New York (not including its conflicts of laws provisions). Any dispute arising from this Agreement shall be resolved through: 

 

Mediation, then binding arbitration. If the dispute cannot be resolved through mediation, then the dispute will be resolved through binding arbitration conducted in accordance with the rules of the American Arbitration Association

 

Amendments. This Agreement may be amended or modified only by a written agreement signed by both Owner and Guest.

 

No Waiver. Neither Owner nor Guest shall be deemed to have waived any provision of this Agreement or the exercise of any rights held under this Agreement unless such waiver is made expressly and in writing.

 

Severability. If any provision of this Agreement is held to be invalid or unenforceable in whole or in part, the remaining provisions shall not be affected and shall continue to be valid and enforceable as though the invalid or unenforceable parts had not been included in this Agreement.

 

NoticesAny notice or communication under this Agreement must be in writing and sent via email. 

 

Entire AgreementThis Agreement (The Lease and Exhibit A & B) represents the entire understanding and agreement between the Parties with respect to the subject matter of this Agreement and supersedes all other negotiations, understandings and representations (if any) made by and between the Parties. 

 

Rules of Use and Tenancy

 

Noise, visiting hours, visitors:  The Guest agrees not to allow on the Premises (inside or out) or be part of any parties or activities that creates excessive noise or any other objectionable behavior that disturbs the rights, peace and comfort of neighbors, other guests and / or apartment/house-mates.  “Quiet Hours” are as follows: 10PM to 8AM (weekdays) and 11PM to 10AM (weekends). Guest is responsible for informing guests and or visitors of these times and all other rules.  At no time will the total number of people exceed (6) at any given time and all visitors are expected to be in the company of their host.  Any visitors on the property not in the presence of their host will be required to leave or face charges of trespassing. Visitor violators of any of the rules: host is responsible and can face eviction and or the loss of security deposit and rent.

 

Premises locked:  The building’s entrance shall remain locked and closed at all times. Guest agrees that the OWNER is not and will not be responsible for any damage, loss or theft of any personal property belonging to the Guest and left on the Premises at any time when the Guest leaves the Premises at any time during the lease term.  Guest will keep doors and windows closed and locked when not at home. OWNER is not liable for any intervening criminal acts by third parties.

 

Discontinuance of Services:  OWNER can temporarily discontinue services at such times as may be necessary by reason of accident, repairs, alterations, improvements and or when necessary by reason of strikes, lockouts, riots, acts of God or any other happening that makes OWNER unable to furnish such services.

 

Fire Safety and Building Code Regulations: Guests must not tamper with smoke detectors. They are for the Guest’s safety and are required by local regulations. There are no fire drills. Guests must vacate the building immediately if fire alarms sound. All apartments are required to perform an annual test of smoke detector performance. Inspections will be scheduled prior to. The Guest shall not make any changes to the heating, electrical, telephone, or television cable system connections. Wiring between rooms is not permitted.

 

Hallways, Stairs, Elevators: As required by the Fire Code: do not leave bicycles, boxes, shoes or other obstructions in halls, stairs, elevators, kitchens, bathrooms, porches or fire escapes. Halls, stairs, and elevators are intended for ingress/egress only. 

 

Additional Rules:  Upon notice to the Guest, Guest  agrees to accept, abide by and comply with any additional  rules and regulations that the OWNER may wish to adopt during the lease term for reasons of safety, care and cleanliness of the interior or exterior of the Premises (including grounds) and the quiet enjoyment, comfort and safety and convenience of other residents or neighbors and or to be in compliance with any municipality /governmental and or police regulations and or suggestions. 

 

Notifying OWNER:  Guest shall immediately notify the OWNER or OWNER’S agent of: conditions and or events known to Guest that have caused or may cause injuries to persons regardless of how minor or insignificant they may appear,  leaking pipes, and / or when equipment, appliances, and / or mechanical systems fail, are broken, appear to be failing or when damage to the building, plumbing, fixtures, windows, doors, cabinetry, handrails, stairs and / or walkways occurs and / or when hazardous conditions exist or appear likely to occur.  Guests shall also inform the OWNER anytime Guest is to be away from the Premises during the Lease for more than (2) weeks.  Failure to do so serves as notice to the OWNER that Guest does not plan to return and / or has abandoned all claims to the Premises, rents and or security deposits exposing the Guest to other conditions and remedies of the OWNER according to the terms of the Lease.   

 

Basement, Roof: These areas are off limits to Guest and or Guest’s  guests or visitors.  Under no circumstances nor for any reason may anyone other than OWNER , OWNER’S agent or police, fire or other emergency service personnel enter these areas without the permission and presence of OWNER or OWNER’S agent.  

 

Housekeeping / cleaning charges:  At time of Lease expiration, termination or eviction, Guest will leave the floors, surfaces, appliances and or fixtures in clean and sanitary conditions in like or better than they were at the commencement of the lease term.  The cost of cleaning will be charged to Guest and deducted from Guest’s security deposit as follows: Floors: $35.00 per hour  Wall and ceiling surfaces: $35.00 per hour  Refrigerator/freezer: $50.00 per hour   Stove/Range $55.00 per hour  Bathrooms: $125.00 per room. Refuse/garbage/trash removal: $125.00 per hour plus landfill charges.  Elevator: (NA). Laundry: $250 fee + any additional charges. Sprinkler / Fire Alarm System: $250 fee + any additional charges. 

 

Loss of Security:  Unless the individual(s) responsible for actions resulting in partial or total security deposit loss accept responsibility and make full financial restitution prior to the termination or expiration of the lease term, any related costs will be divided and deducted equally from security deposits being held of all house/apartment mates.  Guests liability is not limited to the security amount being held.

 

OWNER’S Actions:  Failure of the OWNER on one or more previous occasions to take any action against the Guest for violation of, or to insist upon strict performance of any of the terms of the Lease and / or Rules for Use and Tenancy does not prevent a subsequent act of the Guest of a similar nature from being a violation of this agreement. 

 

Failure to Deliver Possession: If OWNER fails to give Guest possession of the Demised Premises by the Commencement Date by reason of construction, holdover of any Guest, delay or other reason, OWNER shall have no liability to Guest and this Lease shall remain in full force and effect according to its terms, but the Term and the Rent shall not commence until the date OWNER gives Guest possession of the Demised Premises.

 

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