Terms and Conditions

LEASE TERMS AND CONDITIONS

1. RENTAL: The Tenant agrees to rent from the Landlord/Owner and the Landlord/Owner agrees to lease to the Tenant the Property. Landlord/Owner and Tenant understand and agree that the Property is a vacation rental. The Tenant is a transient guest or seasonal Tenant. The New Jersey Anti­Eviction Act does not apply to this rental and the Tenant may be removed from the property and evicted at the end of the lease term. This Lease is valid only when accepted by the Landlord/Owner via signature, and may be terminated by the Landlord/Owner upon default of any payments or other obligations of the Tenant, as outlined in this Lease.

2. OCCUPANCY/USE/CARE OF PROPERTY: The maximum number of persons allowed to occupy Property, including children, is indicated on the Confirmation/Signature page. The Tenant shall take possession of and use the Property only as a private residence for no more than the maximum number of persons. The Tenant shall not allow the Property to be used for any business, professional or unlawful purposes. House trailers and recreational vehicles are not permitted on the Property. There shall be no alterations of the Property and no fixtures, appliances or air conditioners shall be installed without written consent of the Landlord/Owner. The Tenant affirms that he/she is over twenty-­four (24) years of age and minors will not occupy the Property unless an adult is present. It is the policy of Keller Williams Realty ­Jersey Shore to rent (1) to family groups only, or (2) to non family groups wherein at least two tenants signing the Lease are 24 years of age or older and will supervise and be responsible for members of the group that are under 24 years of age. A family is defined as parents, grandparents, children and extended family member’s vacationing in one property. A non­family group is defined as unrelated adults, high school students, college students or any other type situation not meeting the age requirement stipulated herein. Should Keller Williams Realty­ Jersey Shore personnel ascertain a non­family group is occupying a property in violation of the age requirement; the group is subject to immediate termination of the Lease and eviction from the Property with no refund. Keller Williams Realty ­Jersey Shore reserves the right to refuse rental, cancel existing reservations and terminate occupancy without refund if the occupancy, in our opinion is detrimental to the property and its owner, whom we represent, without refund. Unreasonable noise or disturbance by the Tenant may result in eviction. Tenant agrees to return premises to Landlord/Owner on expiration date of Lease in as clean and good condition as reasonable use will permit and to repair, replace or pay for any breakage or damage to the Property, furnishings and equipment. SMOKING IS NOT PERMITTED!

3. ACCEPTANCE OF PROPERTY: Opinions as to the condition of the Property vary from individual and are very subjective. If the Tenant has not personally viewed or inspected the Property, the Tenant shall not rely on any opinion expressed by a third party, including the Rental Agent, Landlord/Owner or Website. The Tenant bears sole risk of renting the Property SIGHT UNSEEN and in not being satisfied with the condition of the Property at the time of check in. IT IS HIGHLY RECOMMENDED THAT THE TENANT PERSONALLY VIEW THE PROPERTY BEFORE SIGNING THE LEASE. THE PROPERTY IS BEING RENTED “AS IS”.

4. NON LIABILITY OF THE REALTOR: The Landlord/Owner and the Tenant understand and agree that Keller Williams Realty Jersey Shore and their agents are not Property Managers or Rental Managers for the Property. The Agents are acting merely as Rental Agents in this Lease transaction. The Agents shall not be liable for any claims, demands, damages or costs in any manner relating either to alleged defects or problems with the Property or to any other circumstances surrounding the rental. In the event Keller Williams Realty Jersey Shore has made a payment to the Landlord/Owner which the Tenant withdraws or otherwise cancels such that Keller Williams Realty ­ Jersey Shore never receives the funds, the Landlord agrees to reimburse Keller Williams Realty Jersey Shore for any such funds. Tenant understands that all Tenant payments are the property of Landlord/Owner with exception of the commission, admin fee and SPP. Keller Williams Realty ­Jersey Shore has no authority to return any Tenant payment without the consent of the Landlord/Owner. This agreement is entered into based upon the Tenant’s independent knowledge of the Property or the representations specifically contained in the Lease and not on any representations made by the Landlord/Owner or its agents. Keller Williams Realty ­Jersey Shore and their agents shall not in any event be held liable to the Landlord/Owner.

5. SUGGESTED ITEMS TO BRING: The Landlords/Owners do not provide: sheets, pillowcases, pool/beach towels, bath towels, laundry detergent, dish detergent, paper products of any kind, beach supplies, bikes and personal items unless otherwise noted in the “Detail” section of the Property on the website. The full list of amenities is found on each Property on the Experience The Sandcastle website, though no warranties are given as to its accuracy. Appliances, air conditioning, and amenities are not guaranteed and refunds will not be given due to breakdown. Repairs will be made as soon as possible. (Please see paragraph 8 “Repairs”).

6. PARKING: Please be sure to comply with local ordinances and posted condo association rules and regulations. Keller Williams Realty ­Jersey Shore will not be responsible for parking tickets or towing expenses.

7. WASTE/RECYCLE/TRASH: All of the municipalities recycle. Therefore the Tenants are responsible to separate all trash according to the Property in which you are renting. Please follow all condo association rules and regulations. (Recycling is mandated by the State of New Jersey and will be strictly enforced). The Tenant will be responsible for any fines that are levied by the City to the Property during your specific rental period.

8. REPAIRS: Please report any necessary repairs to the Keller Williams Realty ­Jersey Shore by emailing [email protected]. Keller Williams Realty ­Jersey Shore is not responsible for any maintenance or repair of the Property and any such obligations or issues are the sole responsibility of the Tenant and Landlord/Owner.

9. VISITATION PERMISSION: Upon reasonable notice the Landlord/Owner or Agent shall have access to the Property to provide services, inspect and/or make any necessary repairs. In case of emergency or the Tenant’s absence, the Landlord/Owner or Agent may enter the Property without the Tenant’s consent.

10. INSURANCE OF TENANT’S BELONGINGS: The Landlord/Owner DOES NOT provide insurance covering loss to any of the Tenant’s belongings. The Tenant has total responsibility for securing protection against loss by fire or other cause to the Tenant’s belongings.

11. SPECIFIC PERFORMANCE: Keller Williams Realty Jersey Shore is acting as a transaction agent only and does not warrant nor guarantee specific performance of any lease. We reserve the right to decline offering a rental to anyone misrepresenting themselves in any fashion. At times due to reasons beyond ours or the owner’s control a comparable unit may be offered to a tenant should the booked or agreed upon unit become unavailable due to reasons beyond our control including but not limited to a double booking, death of an owner or foreclosure. Realtors reserve the right to show the home with adequate notice to the renting family if the unit is listed for sale.

12. TENANT CHECK ­IN INSPECTION: I waive my right, as laid out in my agreement with the credit agency through which I have prepaid monies to Keller Williams Realty Jersey Shore to request a refund of said monies in all cases except the following:
a. Upon arrival at the contracted property at the contracted time, as described in this lease, the said property is considered by myself and Keller Williams Realty ­Jersey Shore to be uninhabitable, or in conditions extensively variant from those advertised; whereas Keller Williams Realty ­Jersey Shore is given notice, in writing, of such conditions within 24 hours of arrival at said property; whereas the situation is unable to be rectified to the standards advertised and set forth in this lease after Keller Williams Realty Jersey Shore has made every reasonable effort to correct and/or provide compensation for such conditions.
b. The transaction(s) by which said monies were prepaid to Keller Williams Realty ­Jersey Shore are found to have been made fraudulently.

13. KEYS AND WRISTBANDS: All keys and wristbands held by the tenant are to be returned to Keller Williams Realty ­Jersey Shore at the termination of this lease. There may be a charge of up to $150 for each key, fob, swipe, or wristband not returned. In the event that a tenant causes a need for lock change or replacement, Tenant may be responsible for the cost of the replacement.

14. CHECK­OUT: Prior to 10:00 AM on your scheduled departure date. When checking ­out of your rental please be mindful of the next family and be sure the following items are completed:
a. Please be sure to remove your personal belongings.
b. All trash and recyclables must be placed in their proper receptacles and set curbside on the appropriate date.
c. Utensils utilized must be washed and placed away where they were found.
d. General cleaning of each unit must be completed. Each unit must be left in a neat and tidy condition and in the condition you found upon check in.
e. All keys must be returned to Keller Williams­ Jersey Shore. Failure to abide by check­out time will result in cleaners not meeting their deadlines to clean this and other properties.

15. CLEANING SERVICE: Prior to arrival each Property is professionally cleaned and arranged by the Landlord/Owner. Daily Cleaning is not included but information about various cleaning companies have been provided on our website if you wish to purchase this service.

16. REPORTING DAMAGES: Upon arrival, if you discover any damage to the Property or have an incident resulting in damage to the Property please report it immediately to our offices by emailing [email protected] or calling 609­-305-6037. All damages found upon arrival, must be reported to our offices within 24 hours in writing, preferably on the INSPECTION FORM given upon check ­in. Any damage to the Property during your stay must be reported to our offices, preferably in writing prior to your departure or the Damage Protection will be void.

17. TRAVEL INSURANCE: Refunds will not be given for cancellations (see paragraph #19) or occupancy delays due to deaths in the family, medical emergencies, travel cancellations or delays, weather related events or evacuations, or other events that would be considered ACTS OF GOD or that are out of the control of the Landlord/Owner. The Tenant may purchase travel insurance through an independent insurance agency to cover these events. If the Tenant decides not to purchase travel insurance, the Tenant may be forfeiting their ability to receive a refund if any of the above events occur. Travel insurance is a way to protect your vacation investment and should be considered. We have provided a link on our website regarding information on travel insurance.

18. CANCELLATION POLICY: Should a request to cancel a confirmed reservation be received, the request will be accommodated by:
a. A request submitted in writing to: Keller Williams Realty ­Jersey Shore, 5501 New Jersey Avenue, Wildwood Crest, NJ 08260 or via e­mail to [email protected]. This only notifies us that you have an interest in canceling your reservation.
b. A mitigated refund amount will be offered once the unit has been re­-rented for the same period and rent.
c. Refunds will be mitigated according to the following calculation method­. Total Rental Amount less $99 SPP, less 100% Processing Fee, less 100% Commission, less $150.00 Cancellation Fee.
d. Refunds will be processed one week following the original confirmed rental dates being re­-rented. 
e. Refunds related to inclement weather or acts of God will not be accommodated.

19..SECURITY PROTECTION PLAN / ACCIDENTAL DAMAGE PROTECTION (SPP):
TERMS: In lieu of a $500 per rental agreement Security Deposit, as has been customary, Keller Williams Realty Jersey Shore is pleased to announce our Accidental Damage Protection Agreement for Weekly Rentals. For a set fee of ninety-nine non­refundable dollars ($99.00) by accepting the terms of this rental agreement the Landlord/Owner agrees that they will not be held liable or accountable for any damage caused to the unit during your possession. Possession shall include common areas in case of a condominium or townhouse. It is the obligation of the Tenant to surrender the unit in good clean condition by the time specified in the Agreement; normal wear and tear is expected. In the event the damage caused is over and above the maximum payment of $1,500.00 or is not covered under the plan, the amount will be charged to the credit card on file or be willfully sued by the Landlord/Owner.

Landlord:

Should a Landlord/Owner feel the need to report damage and receive compensation, the Landlord/Owner must report the damage immediately upon discovery, in writing, to the KWJS Rental Office or the damage will not be covered under the terms of the Accidental Damage Protection presented by Keller Williams Realty Jersey Shore.

In addition, the Landlord/Owner must send the Keller Williams Realty ­Jersey Shore Rental Office a “specific subjective list” in writing detailing the nature of the damage along with photos of the damage.

Representatives of the Keller Williams Realty ­Jersey Shore Rental Department have the ultimate administrative authority to determine the scope of damages covered under the Protection. Once the Representatives have made a decision that compensation is owed to the Landlord/Owner, an original receipt of the replaced/fixed damaged property must be given to the Keller Williams Realty Jersey Shore Rental Office in order to facilitate reimbursement. The Accidental Damage Protection is limited to a maximum payment amount of one thousand dollars ($1,500.00) per rental agreement.

Conditions: The Security Protection Plan has certain conditions. The Protection will not include liability for damage or theft resulting from: 
1. Intentional acts of the Tenant. 
2. Negligence, impairment, willful, non willful or wanton conduct or misconduct. 
3. If the Tenant does not report pre-existing damage to KWJS Rentals staff in writing using email or the report form provided, within 24 hours of arrival.
4. Theft of Contract Purchaser’s items without a valid police report. 
5. Damage caused by any pet or other animal brought to the premises by the Tenant. 
6. Theft or damage to any property owned by a Tenant. Protection is limited to Contract Purchaser’s items only. 
7. Property damage resulting from any motorized vehicle or watercraft operated by the Tenant. 
8. Damages related to glass table tops are excluded and will be the Tenant’s responsibility. 
9. Seasonal and Annual leases are exempt from this program. 

Additional Terms: 
1. The protection takes effect upon check-in per this lease on the arrival date to a KWJS listed Property, together with receipt of full lease payment. 
2. The protection will become void if the Tenant checks in prior to the 3:00 PM check-in time specified on the lease or should any term on this lease be violated by the Tenant. 
3. All coverage shall terminate upon check-out per the terms of this lease or the departure of the Tenant, whichever occurs first.
 
Items not covered: 
1. Wear and Tear
2. Excessive Cleaning Fees 
3. Removal of Trash or Recyclables 
4. Repairs or Maintenance from normal wear and tear or when responsible tenant cannot be determined
5. Condominium Association fees such as parking and trash violations

Examples of wear and tear that are not subject to SPP as determined by KWJS, include but are NOT limited to: Carpet stains, marks on walls, verticals/window coverings, damaged drawer slides, replacing knobs, scratches/staining on countertops/marble surfaces, scratches and or damage to hardwood floor, locks and handles on all doors including patios, dirty or stained linens or towels, items with mechanical operating parts and remote controls.
Tenant is responsible for any damages above the policy limit and for any damages not covered by the SPP.  Should any of the above occur the Landlord reserves the right to file a claim against the tenant in Cape May Court House Small Claims Court.

ADDITIONAL TERMS:

The protection takes effect upon check ­in per this rental agreement on the arrival date to a Keller Williams Realty ­Jersey Shore listed Property, together with receipt of full rental agreement payment. The protection will become void if the Tenant checks in prior to the 3:00PM check ­in time specified on the rental agreement or should any term on this rental agreement be violated by the Tenant. All coverage shall terminate upon check­out per the terms of this rental agreement or the departure of the Tenant, whichever occurs first.
REPORTING DAMAGES: Upon arrival, if you discover any damage to the Property or have an incident resulting in damage to the Property please report it immediately to our offices at 609­-305-6037 within 24 hours in writing, preferably on the INSPECTION FORM given upon check ­in or via email to [email protected]. 

20.DEFAULT. Any default by the Tenant under the terms and conditions of this Lease, including but not limited to unpaid rent, shall result in the immediate termination of this Lease and the Property must be vacated immediately with no refund to the Tenant.

21.NEARBY CONSTRUCTION. Since neither Landlord nor Keller Williams Realty Jersey Shore or its agents can predict or control where or when construction may take place, the Tenant agrees that the Landlord nor Keller Williams Realty Jersey Shore are responsible for any problems encountered as a result of nearby construction and there will be no rebates, refunds or discounts given for construction activates of any kind occurring near or adjacent to the Property.

22. QUIET ENJOYMENT: The Sandcastle Condominiums is an exclusive vacation residence for Residential Unit Owners and vacationing guests. As a guest to the community you are required to help preserve the quiet enjoyment of all residents by adhering to all applicable rules and regulations. In particular, you are required to limit noisy activities to avoid disturbing the residents and guests.