Wyndham Vacation Rentals Reservation Terms, Delaware
Thank you for choosing ResortQuest. Once the initial deposit is received you will be mailed a copy of the lease agreement as well as directions to the check-in office. Please sign and return the lease within 5 days of receipt.
TERMS & CONDITIONS
By this Agreement the Tenant and/or Occupant(s) leases from Landlord (through ResortQuest Delaware, L.L.C.; d.b.a. ResortQuest, as agent) the property described above.
2. This Lease shall be deemed to have been accepted by Tenant by virtue of Tenant tendering a deposit to ResortQuest at the time of reservation of the Property, in such amount as may be required by ResortQuest. All deposit monies paid by Tenant to ResortQuest in connection with Tenant’s occupancy of the Property are non-refundable and may not be transferred by Tenant to another property.
3. Check-in Procedure and Final Payment:
a. ONLY TENANT CAN CHECK INTO THE PROPERTY. TENANT MUST ALSO OCCUPY THE PROPERTY DURING ENTIRE RENTAL PERIOD.
b. Check-in time is after 3 p.m. on the arrival date. Checkout time is before 10 a.m. on the departure date.
c. Tenant shall pay the balance of the total rental fee for the Property, plus any additional applicable charges and fees (the “Final Payment”) as follows:
1. Final Payment may be paid by MasterCard, VISA or American Express credit cards. Discover is not accepted. Tenant shall provide ResortQuest proper identification upon request. Tenant’s signature and proof of identification is mandatory for all credit card authorizations.
2. Final Payment is due 30 days prior to check-in. If the Final Payment is not received by ResortQuest 30 days prior to check-in, ResortQuest is authorized to charge Tenant’s credit card for the remaining balance.
d. Recreation/Guest Fee – Community associations may designate a fee to be charged to tenants for use of community facilities under their control. Those associations will collect, or designate ResortQuest to collect, a required weekly or daily fee from Tenant for each person occupying the Property (including all tenants of the Property and their guests). If ResortQuest has been designated to collect this fee, it will be collected from Tenant when Tenant’s Final Payment is made. This fee is not optional, is non-refundable and is a condition of Tenant’s rental. This fee is subject to change without notice. ResortQuest does not benefit financially from the collection of recreation/guest fees.
e. Rental Damage – Tenant shall be responsible for all damage to the Property. ResortQuest may employ all means necessary to collect the cost of repairing any such damage from Tenant, including but not limited to applying such charges to Tenant’s credit card and/or initiating a legal proceeding against Tenant.
f. Travel Protection – Tenants who purchase travel insurance through us will be provided refunds for cancellation subject to the terms and conditions of the travel insurance policy.
g. Late Checkout – If Tenant checks out of the Property after 10 a.m. on the checkout date, Tenant will be charged a One Hundred Dollar ($100) late checkout fee. In addition, if Tenant checks out of the Property after 10:30 a.m. on the checkout date, Tenant will be assessed an additional Fifteen Dollar ($15) charge for every 15 minutes Tenant remains in the Property beyond 10:30 a.m.
4. Occupancy Restrictions, Age Restrictions and Conduct.By executing this Lease, Tenant acknowledges and agrees to the following terms:
a. Tenant hereby agrees and acknowledges that: (i) Tenant is at least 25 years of age, (ii) Tenant will occupy the Property throughout the Term of this Lease, and (iii) Tenant will supervise and be financially and legally responsible for all guests and occupants of the Property (including any damage to the Property or theft of items contained in the Property) during the Term of this Lease. If ResortQuest determines that Tenant is less than 25 years of age, ResortQuest may, in its sole discretion, immediately terminate this Lease and all monies paid by Tenant shall be forfeited. ResortQuest reserves the right to refuse rental, cancel future reservations or terminate occupancy without refund, if, in ResortQuest’s opinion, the occupancy of the Property by Tenant would be detrimental to the Property or the Landlord.
b. The Property shall only be occupied by the Tenant named herein and shall only be used as a private dwelling. The number of occupants in the Property shall not exceed the occupancy limit specified at the time of reservation.
c. This Lease may not be assigned, transferred or sublet by Tenant. If Tenant wishes to cancel Tenant’s reservation, Tenant must send ResortQuest a written notice of cancellation. ResortQuest will not attempt to re-rent the Property until ResortQuest receives written notice of cancellation from Tenant. Cancellations received prior to the Final Payment due date – more than 30 days prior to arrival – will result in the following:
- Forfeiture of fifty percent (50%) of the full rental amount;
- Forfeiture of reservation fee and tax; and
- Forfeiture of travel insurance premium and tax (unless canceled within 14 days of the purchase date), if purchased.
Cancellations received on or after the Final Payment due date are fully non-refundable.
If ResortQuest successfully re-rents the Property for the same time period at the same rate, Tenant will be responsible only for the following:
- Ten percent (10%) of the full rental amount;
- Reservation fee and tax; and
- Travel insurance premium and tax, if purchased.
Further, if re-rental is successful, Tenant will not be responsible for Final Payment and Tenant will not be responsible for the condition of the Property following the departure of the second tenant.Tenant’s request to transfer Tenant’s reservation to another property shall be deemed a cancellation of this Lease.
d. If the Tenant or the Tenant’s occupants, guests, visitors or anyone at the Property with the permission of any of the foregoing becomes disorderly, creates excessive and/or objectionable noise, otherwise violates the terms this Lease or any applicable ordinance, law, rule or regulation governing the Property, or if any person under the age of 21 years consumes alcoholic beverages at the Property, said conduct shall be deemed a breach of this Lease and at the request of ResortQuest, Tenant and Tenant’s guests shall immediately vacate the Property and forfeit all monies paid under this Lease. Delaware law forbids anyone under 21 years of age from consuming any beer, wine, distilled spirits, etc., including consumption of any alcoholic beverage at any private function.
e. Tenant agrees to abide by the rules of the community association governing the Property and all applicable ordinances, laws, rules and regulations. In the event Tenant violates any community association rule, ordinance, law or regulation, ResortQuest reserves the right to immediately terminate this Lease and Tenant shall not be entitled to a refund of monies paid to ResortQuest under this Lease.
f. No smoking is permitted in the Property. If ResortQuest determines that smoking has occurred within the Property, an additional cleaning fee, in an amount determined by ResortQuest in its sole discretion, shall be added to Tenant’s final bill. Tenant and Tenant’s guests shall not smoke in any common areas (including hallways, patios, lobbies, garages, pool and hot tub areas) within and outside the building within which the Property is located.
5. Additional Terms and Conditions.
a. Tenant agrees to surrender possession of the Property at the expiration of the Term, peaceably and without delay, in the same condition as the Property was found at the commencement of the Term. Tenant shall be responsible for any damage to the Property or theft of personal property located within the Property that occurs during the Term and shall pay to ResortQuest all repair and property replacement costs, including attorney fees. TENANT SHALL IMMEDIATELY REPORT TO ResortQuest ANY DAMAGE DISCOVERED AT THE TIME OF OCCUPANCY.
b. If during the Term of this Lease the Property (or the building within which the Property is located) is damaged by fire or other casualty and the Property cannot be occupied, the Lease shall terminate on the date that the damage or casualty occurs and Tenant shall only be responsible for paying rent for each day of the Term preceding the date of the casualty.
c. Tenant hereby agrees to indemnify and hold harmless ResortQuest and its related entities and their agents, employees, officers, directors, managers and servants, and the Landlord, free from any claim or liability related to or in connection with the rental of the Property, including, but not limited to, injuries, loss of property or damage to property, accidental or otherwise, incurred or suffered at the Property for any causes whatsoever during the term of this Lease. Tenant further understands and agrees that neither ResortQuest nor the Landlord shall be liable for any missing or stolen personal property or property left in the Property by the Tenant, even in the event the property left in the Property is picked up and returned by mail.
d. TENANT HEREBY ACKNOWLEDGES THAT THE PROPERTY MAY NOT HAVE TELEPHONE SERVICE. THEREFORE, THE TENANT IS STRONGLY ENCOURAGED TO BRING A MOBILE PHONE TO THE PROPERTY. IN THE EVENT THAT THE PROPERTY DOES HAVE TELEPHONE SERVICE, SUCH SERVICE IS NOT GUARANTEED, AND LONG DISTANCE CALLS AND OTHER TELEPHONE CHARGES WILL BE CHARGED TO TENANT’S CREDIT CARD. PLEASE REMEMBER THAT OCEAN CITY, MD, IS A LONG DISTANCE CALL. Tenant will be charged a Ten Dollar ($10) billing fee plus toll charges for long distance calls and other telephone charges that are made by Tenant and billed to Landlord.
e. IN THE EVENT THAT THE PROPERTY DOES HAVE CABLE/INTERNET SERVICE, SUCH SERVICE IS NOT GUARANTEED. PAY PER VIEW/ON DEMAND AND OTHER ADDITONAL CHARGES WILL BE CHARGED TO TENANT’S CREDIT CARD. Tenant will be charged a Ten Dollar ($10) billing fee plus PAY PER VIEW/ON DEMAND and other additional cable charges that are made by Tenant and billed to Landlord. Tenant acknowledges and agrees that use of Wi-Fi/Internet services at the rental property (“Services”) is for personal use and agrees not to use the Services in a manner prohibited by any federal or state law or regulation. Transmission or download of any material in violation of federal or state law or regulation, including, but not limited to any copyrighted material, is prohibited. Tenant and the Landlord assume no responsibility for and exercises no control over the content contained on the Internet or is otherwise available through the Services. All content accessed or received by Tenant (or an invitee of Tenant) is used by Tenant at his or her own risk. In the event that ResortQuest or Landlord receives a copyright infringement notice from a copyright holder and/or an Internet service provider, which includes a date and time of the alleged infringement that occurred during your stay, ResortQuest, in ResortQuest’s discretion, may reveal your identity (name, address and telephone number) to the copyright holder and/or Internet service provider and Tenant will be responsible for any associated fines.
f. TENANT ACKNOWLEDGES THAT HE/SHE ACCEPTS THE PROPERTY IN “AS IS” CONDITION AND WAIVES THE RIGHT TO WITHHOLD RENT OR TO BE COMPENSATED IN ANY WAY FOR ANY ALLEGED DEFICIENCY. Tenant also acknowledges and understands that the Landlord-Tenant Code does not apply to a lease of less than 120 days for a dwelling located within boundaries of Broadkill Hundred, Lewes-Rehoboth Hundred, Indian River Hundred and Baltimore Hundred and Tenant agrees to abide by all applicable municipal, county and state laws and regulations and community rules.
g. Due to local service conditions, ResortQuest does not guarantee the performance of HVAC systems (including air conditioning) within the Property, the appliances within the Property or the type and or quality of bedding contained in the Property. ResortQuest makes no representations or guarantees regarding the operation of recreational facilities or scheduled recreational events. COMPLETION TIME FOR CLEANING THE PROPERTY IS NOT GUARANTEED. In the event repairs to the Property or any appliance within the Property are necessary, ResortQuest shall use commercially reasonable efforts to make such repairs in a timely manner. Only ResortQuest may make service calls to outside contractors. Any service ordered by Tenant from an outside contractor will be the sole responsibility of the Tenant, even if such services are determined, at a later date, to be necessary. Tenant may not refuse ResortQuest, Landlord or an outside contractor retained by ResortQuest or Landlord the right to enter the Property at all times to make necessary repairs as determined by ResortQuest. Landlord or ResortQuest shall have access to Property at any time for the purpose of inspection, maintenance or repair of the Property.
h. TENANT AGREES THAT ResortQuest (I) HAS BEEN RETAINED BY LANDLORD TO RENT THE PROPERTY AND ACTS AT ALL TIMES IN AND FOR THE BEST INTEREST OF LANDLORD AND (II) IS ACTING AS LANDLORD’S REPRESENTATIVE ONLY AND HAS NO LIABILITY TO TENANT FOR THE PERFORMANCE OF ANY OF THE TERMS OF THIS AGREEMENT.
i. Tenant acknowledges that ResortQuest has the right to transfer this Lease to any other similar property managed by ResortQuest (as determined by ResortQuest in its sole discretion) or refund payment in the event that unforeseen circumstances occur that prevent Tenant from occupying the Property during the Term. All terms and conditions of this Lease will apply to Tenant’s occupancy of the new property.
j. The terms and conditions accepted by Tenant at the time of reservation (the “Terms and Conditions”) are hereby incorporated by reference into this Lease. Tenant acknowledges that Tenant has read and accepted the Terms and Conditions and any violation of such Terms and Conditions shall constitute a breach of the terms of this Lease.
k. By executing this Lease, Tenant agrees to the terms of the Wyndham Vacation Rentals North America Privacy Statement (the “Privacy Statement”), which may be accessed by visiting http://www.wyndhamvacationrentals.com/vacation-rentals/privacy.htm.
6. IMPORTANT INFORMATION: PLEASE READ CAREFULLY. Tenant and Tenant’s guests, occupants, visitors and all people at the Property with permission of any of the foregoing agree to abide by the rules and regulations of the community within which the Property is located. Prior to check-in, the Tenant is specifically alerted to the following:
a. EXCEPT FOR SERVICE ANIMALS, NO ANIMALS OF ANY KIND SHALL BE ALLOWED IN THE PROPERTY UNLESS THE PROPERTY IS DESIGNATED AS A PET-FRIENDLY PROPERTY, AND CONFIRMED, AT THE TIME OF BOOKING. SEA COLONY IS NOT A PET FRIENDLY COMMUNITY. EXCEPT FOR SERVICE ANIMALS, NO ANIMALS OF ANY KIND SHALL BE ALLOWED ON SEA COLONY PROPERTY. VIOLATION WILL RESULT IN IMMEDIATE EVICTION AND TENANT’S FORFEITURE OF THE FULL LEASE PAYMENT.
b. MAXIMUM OCCUPANCY FOR THE PROPERTY IS STATED AT THE TIME OF RESERVATION. VIOLATION OF THE MAXIMUM ALLOWABLE OCCUPANCY WILL RESULT IN TENANT’S IMMEDIATE EVICTION AND FORFEITURE OF THE FULL LEASE PAYMENT.
c. FOR SEA COLONY: PARKING IS LIMITED. One parking permit is issued with the purchase of 1 or 2 badges. Two parking permits are available with the purchase of three or more badges. Additional vehicles must be parked off property. Tenants staying in Sea Colony East properties are advised that their vehicles must not be taller than 6 feet (including roof-top carriers) so as to fit under buildings. Cars must vacate the Property by 10 a.m. on checkout day. CARS IN UNAUTHORIZED SPACES WILL BE TOWED AT THE CAR OWNER’S EXPENSE. ResortQuest is not responsible for illegally parked cars.
d. Vans, trucks, motor homes, other recreational vehicles, boats and trailers are prohibited by the homeowners associations in most communities. ResortQuest is not responsible for any expense incurred by Tenant related to violations of homeowners association rules.
7. It is mutually agreed that this Lease is a legally binding agreement and that any disputes or legal proceedings that may arise out of this Lease by either party shall be brought in New Castle County, Delaware. The laws of the State of Delaware shall govern this Lease. It is further agreed that under no circumstances will the aggregate liability of the Landlord or ResortQuest be more than the total amount paid by Tenant under this Lease. THE PARTIES WAIVE THE RIGHT TO A JURY TRIAL IN ANY ACTION RELATED TO THIS lease OR THE RELATIONSHIP BETWEEN tenant, agent and landlord AND THEIR RESPECTIVE SUCCESSORS AND ASSIGNS.
**** ACCOMMODATIONS: All of our rental homes are privately owned. Properties are decorated according to the taste of each individual owner. All properties at Sea Colony, Bayside and Bear Trap Dunes feature a well-equipped kitchen, including a dishwasher, coffee maker and microwave. You'll also have a washer/dryer; central air/heat, telephone, cable TV with VCR and/or DVD player and many homes have music systems. NOTE: Properties in communities other than Sea Colony & Bear Trap may differ.
**ADDITIONAL CHARGES: Included with each reservation - Reservation Processing Fee; Administrative Fee; Travel Protection, if purchased; Recreational Fee; ; and Linen Fee. RECREATION & GUEST FEES: Many homeowners associations and other organizations, including The Sea Colony Recreational Association and The Village at Bear Trap Dunes Owners Association charge a fee per week per visitor 4 and older, while Bayside charges a per week, per visitor fee to those 5 and older.
2018 Sea Colony Recreational Association Fees (per person, per week required for all guests 4 and older)
- 01/01/2018 - 05/04/2018: $12
- 05/05/2018 - 06/08/2018: $20
- 06/09/2018 - 09/24/2018: $40
- 09/15/2018 - 09/21/2018: $20
- 09/22/2018 - 12/31/2018: $12
2018 Bear Trap Dunes Fees (per person, per week for guests 4 and older who opt to use the amenities)
- 01/01/2018 - 05/24/2018: $15
- 05/25/2018 - 06/07/2018: $20
- 06/08/2018 - 09/03/2018: $40
- 09/04/2018 - 09/23/2018: $20
- 09/24/2018 - 12/31/2018: $15
2018 Bayside Fees (per person, per stay for guests 5 and older who opt to use the amenities or participate in any activities)
- Off-season: January 1-May 24, 2018 & September 4-December 31, 2018
- 3-Day (valid for 3 consecutive days): $25
- Weekly (valid for 7 consecutive days): $37
- Summer Season: May 25-September 3, 2018
- 3-Day (valid for 3 consecutive days): $40
- Weekly (valid for 7 consecutive days): $55
Bayside Recreation Fee Note: Children ages 4 and under accompanied by an adult with a valid guest pass will be admitted to the amenities at no charge. All passes must be picked up from the Welcome Center during normal business hours (9 a.m. to 5 p.m.). There will be no refunds issued for unused passes. Requests for Guest Passes must be submitted no later than 10 days prior to the guests' arrival. For reservations made more than 10 days prior to arrival, guests will be charged an administrative fee of $15 for requests for badges or changes to the number of badges made less than 10 days from arrival. Guests are not responsible for this fee if the reservation is made within 10 days of arrival. Note: The pool at The Point is not available to resort guests.
Guests must show valid ID matching the guest pass request form in order to pick up their guest passes. Last minute bookings are excluded from this fee.
The Linen fee is optional. If you choose not to get linens from ResortQuest as part of your reservation, please inform your rental representative when they contact you to confirm the reservation and the charge will be removed and no linens will be provided. If you choose to cancel linen service, you will be refunded the charge if you cancel more than 72 hours before check in. The linen fee will not be refunded if the service is canceled less than 72 hours prior to the reservation. Please note that an amenity bag which includes enough toilet paper, paper towels and soap to start your vacation are only provided to guests who have purchased the linen package.
** For Online Reservations ** LEASE AGREEMENT: Please be advised that, by making a reservation you will be creating a tentative agreement to rent/lease accommodations at ResortQuest Delaware. This will become a binding agreement once you have been contacted by one of our Rental Representatives within 48 hours, advising you of your confirmation number, at which point your reservation is subject to all policies & procedures as set forth above.
**** COURTESY ITEMS NOT GUARANTEED. Please note that courtesy items, including, but not limited to, video game systems, Internet access and foosball tables, provided by the homeowner are not warranted or guaranteed.
***** 2018 & 2019 ONLINE BOOKING NOTE: We are in the normal course of relisting properties for rent for 2018 and 2019. As a result, all 2018 and 2019 online bookings are tentative until the owner relists with ResortQuest and confirmed by our rental representatives.