Terms & Conditions

All reservations are subject to any travel restrictions mandated by State of Maine. Please review Maine Travel Protocols prior to booking.

1.     Premises: Manager rents to the Renter, and the Renter rents from the Manager, for the rental period specified and upon the conditions set forth, the premises that you have reserved with MaineStay Vacations as described in the Guest Confirmation.

 

2.       Rent: Renter agrees to pay to the Manager rent in the total amount plus applicable taxes and deposits, as stated in the Guest Confirmation.

a. To hold this reservation, 50% of the rent is due at the time of reservation if using a credit card or within seven (7) days of the date of this agreement if paying by check or money order. Failure to timely deliver this amount will terminate this agreement.

b. The cost of this rental includes rent, processing fee of (9%) of the total reservation, Cleaning Fee, Trash Disposal Fee ($29.00 - $49.00/week) , Maine Sales and Lodging Taxes (9% of the total reservation), Damage Waiver (non-refundable), Pet Fee (if applicable, non-refundable) and Linen Service (if applicable).

c. If this agreement is entered into within 30 days of check-in, the full amount (rent plus tax and fees) is due immediately. Failure to deliver this amount immediately will terminate this agreement.

 

3.       Damage Waiver: Renter shall be charged a Damage Waiver of $69 (non-refundable). This Damage Waiver is a mandatory, non-refundable fee providing coverage for up to $1000 of accidental/non-negligent damage to the property reported to MaineStay Vacations during the Renter's stay. Upon arrival at the premises, Renter shall check the cottage for cleanliness or damage and shall notify the Manager of any problems. Renter also agrees to report any and all accidental/non-negligent damage during stay. This damage waiver is in place of a security deposit. Should negligent/purposeful damage or accidental/non-negligent damage of over $1000 be found after Renter's stay, Renter will be held responsible for damage exceeding $1000 and Manager shall itemize these problems and contact Renter immediately. The charges will be withheld from the credit card on file and Manager will deliver a copy of the itemized list to Renter. The failure to report damage during Guest stay will affect Guest Standing with Manager.

 

4.       Conditions: This agreement is made and accepted by Renter upon and subject to the following express conditions and provisions, to which the Renter covenants to adhere:

a. Renter shall use the premises in a careful, lawful and orderly manner and shall not allow more than 4 guests and invitees upon the premises at any one time.

b. Renter shall not permit guests to sleep over more than the agreed-to number of people allowed in the Property. 

c.  Renter shall, promptly upon check-out, vacate the premises and leave the same in a clean and orderly condition. Renter will bring to the attention of Manager any damage caused by Renter or Renter's guests. If damage is not brought to our attention it will be considered negligence.

d. Renter shall be responsible and liable to the Owner for any loss or damage to the premises (including the furnishings, fixtures and personal property of the Owner) caused by the Renter or guests/invitees. All damage to the premises, furnishings, fixtures and/or personal property of the Owners occurring during the rental period shall be presumed to have been caused by Renter. Renter agrees to leave the premises in as good a condition as it was found upon arrival and specifically agrees to leave the premises clean and tidy, wash and put all away all dishes and cooking implements, handle trash according to instructions and clean up dwelling.

e. Renter is prohibited from assigning this agreement or subletting all or part of the premises.

 

5.       Indemnity: Renter shall indemnify Manager and Owner and hold them harmless from and against any claims arising out of, or on account of, the use or occupancy of the premises by the Renter and the Renter's guests and invitees. Manager and Owner shall not be liable to Renter or any persons claiming by or through Renter by right of subrogation or otherwise for any damage or injury either to the property or person of Renter or others as a result of fire, casualty, or the existing state of things, occurring or existing in or about the premises, and whether or not caused by negligence, breach of contract or otherwise.

 

6.       Waiver of Trial by Jury: The parties hereto, for themselves and their personal representatives, successors, heirs and assigns, as the case may be, expressly and voluntarily waive any and all rights, whether arising under the Constitution of the United States of America or any state, rules of civil procedure, common law or otherwise, to demand a trial by jury in any legal action, law suit, proceeding, claim, counterclaim or any other litigation proceeding based upon, or arising out of, this agreement or an event of default hereof or otherwise between the parties hereto and their personal representatives, successors, heirs and assigns, as the case may be, as a consequence of this agreement. No party to this agreement or their personal representatives, successors, heirs and assigns, shall seek a jury trial in any such action or proceeding. No party to this agreement or their personal representatives, successors, heirs and assigns, shall consolidate any such action or proceeding with any other action or proceeding wherein the right to a jury trial has not be waived. The parties to this agreement have not, in any way, agreed with, or represented to, the other that the provisions of this WAIVER OF TRIAL BY JURY will not be fully enforced in all instances.

 

7.       Renter is Not a Tenant: This agreement does not create a tenancy for the premises. If Renter violates any of the conditions or provisions in this agreement, this agreement shall terminate and Manager lawfully may, immediately or at any time thereafter, and without demand or notice, enter into and upon the premises and expel the Renter and remove his or her effects there from without being deemed guilty in any manner of trespass.

 

8.       Cancellation/Refund Policies: Guests who cancel at least 60 days before check-in will be refunded 100% of the amount paid, less the processing fee to cover administrative costs associated with their reservation and cancellation. If cancelled between 30 and 60 days before check-in, guests will be responsible for the deposit they made (generally 50% of the total booking cost), unless the dates can be re-rented, in which case we will refund 100% of the amount paid, less the processing fee. If cancelled less than 30 days prior to check in, guests will not receive a refund unless the dates can be re-rented, in which case we will refund 100% of the amount paid, less the processing fee. Should you or someone in your party contract COVID-19 or The State of Maine restricts travelers from the state in which you live, we will return 100% of the amount paid, less the processing fee. Guest must provide Manager with positive COVID-19 test results with Guest Name and Test Date to qualify for refund.

 

9.       Manager's Covenants and General Provisions: Provided Renter is performing the conditions and terms of this agreement, Renter may use and enjoy premises without hindrance.  If during the rental period a maintenance problem develops, Renter agrees to notify Manager immediately. Manager and Owner shall have the right, with reasonable notice, or without notice if Renter cannot be contacted, to enter and inspect the premises and to undertake any necessary repairs which will not unreasonably interfere with Renter's use of premises.

 

10.     Pets: If the Property rented allows pets and the Renter has informed Manager and all fees are paid, the Renter must be responsible for the pet at all times.  Renter shall not leave pet alone in Property at any time without being in a crate. Renter shall have pet on leash if not on property or in voice command at all times when outside property.  Renter shall not allow pet to roam off property at any time.  Renter shall not allow pet on beds or furniture and will not bathe pets inside house. Only those pets disclosed to MaineStay Vacations at time of reservation are permitted - visiting guests must not bring pets on the property without approval by us. Renter must use a flea and tick preventative on pets before arrival.  Renter must clean up pet waste daily and on departure day.  If you have questions, please contact us, we are happy to help. Note: The pet fee only covers one approved pet. If you are bringing multiple pets, you may be asked to pay additional pet fees. Please contact Manager with questions regarding approval for your pet(s).

 

11.    Private Wells & Drinking Water: Nearly all Harpswell (and some Brunswick and Topsham) residences have water supplied by a private well and given their dynamic nature, with its quality and quantity influenced by ever-changing environmental factors, we recommend that Renters import their drinking water. Please follow this link for more information regarding Maine and private well water- https://www.maine.gov/dhhs/­mecdc/environmental-health/­eohp/wells/mewellwater.htm.

 

MaineStay Vacations  | 207-833-5337

1624 Harpswell Islands Road, Orr's Island, ME 04066