Terms & Conditions

DON MARTIN VACATION RENTALS

SHORT-TERM VACATION RENTAL AGREEMENT

This Short-Term Vacation Rental Agreement (“Agreement”) is entered into on {{reservation_date}} by and between:

(“DMVR”), and, including all occupants, invitees, and members of the Rental Party (collectively referred to as “Guest,” “Guests,” “Tenant,” or “Rental Party”).

By submitting payment for the reservation, Guest acknowledges that they have read, understood, and agree to be legally bound by the terms and conditions of this Agreement.

1. LEASE TERM

Guest shall be permitted to occupy the property located at:

Beginning on: {{checkin_date}} at {{checkin_time}}

And ending on: {{checkout_date}} at {{checkout_time}}

(collectively referred to as the “Lease Term”).

This Agreement is for temporary vacation lodging only and does not create a permanent tenancy or landlord-tenant relationship.

2. MINIMUM AGE REQUIREMENTS

DMVR does not rent to vacationing students, prom groups, senior week groups, or non-family groups under twenty-five (25) years of age. Certain properties may require a higher minimum age.

The primary Guest signing this Agreement represents and warrants that:

• They are at least twenty-five (25) years old.

• They will occupy the property during the Lease Term.

• They accept full financial and legal responsibility for all occupants and visitors.

Reservations obtained under false pretenses shall result in immediate cancellation or eviction without refund.

3. RENTAL PARTY AND OCCUPANCY

Only individuals listed as part of the Rental Party may occupy the property overnight.

The Guest agrees that:

• Occupancy limits shall not be exceeded at any time.

• Parties, events, gatherings, receptions, or unauthorized group functions are strictly prohibited.

• Excessive noise, disorderly conduct, or violations of local ordinances are prohibited.

• Quiet hours shall be observed between 11:00 PM and 7:00 AM.

Violation of occupancy, party, or noise policies may result in:

• Immediate eviction without refund;

• Additional fines or charges;

• Loss of security deposit;

• Charges to the credit card on file;

• Law enforcement involvement when necessary.

4. CHECK-IN PROCEDURES

Check-in begins at 4:00 PM EST.

Check-in instructions will be provided approximately forty-eight (48) hours prior to arrival via email or text message.

Depending on the property, Guests may either:

• Check in directly at the property; or

• Pick up keys from the DMVR office.

No Guest shall be permitted to check in unless:

• The reservation balance has been paid in full;

• A valid credit card remains on file;

• This Agreement has been signed and returned;

• A valid government-issued photo ID has been provided.

If key pickup is required and Guest expects to arrive after 5:00 PM EST, Guest must contact DMVR in advance to arrange after-hours access.

Early check-ins are not guaranteed and are permitted only with written approval from DMVR.

Guests shall not:

• Enter the property prior to authorized check-in time;

• Park at the property prior to authorized check-in time;

• Interfere with cleaning, maintenance, or inspection operations.

If Guest enters the property prior to authorization and the property has not yet been cleaned or inspected, Guest accepts the property “as is.” In such cases:

• Cleaning crews may refuse entry;

• Additional cleaning may not be completed;

• No refunds or credits shall be issued.

Vehicles parked improperly or prior to check-in may be towed at Guest’s expense.

5. CHECK-OUT PROCEDURES

Check-out time is no later than 10:00 AM EST.

By check-out time, Guest shall:

• Vacate the premises completely;

• Remove all personal belongings;

• Remove all vehicles from the property;

• Return all keys, passes, permits, and access devices as instructed.

Late departures are not permitted without written approval from DMVR.

Failure to vacate the property on time may result in:

• Additional cleaning fees;

• Unauthorized occupancy charges;

• Charges for delayed housekeeping or incoming guest accommodations;

• Charges to the security deposit or credit card on file.

If Guest departs early, DMVR requests notification via:

rentals@donmartinvacationrentals.com

6. GUEST RESPONSIBILITIES

Guest agrees to leave the property in substantially the same condition in which it was received.

Guest shall be responsible for:

• Any damage beyond ordinary wear and tear;

• Excessive cleaning requirements;

• Missing items;

• Unauthorized occupancy or pets;

• Violations of this Agreement;

• Fines imposed by condominium or homeowners associations due to Guest conduct.

Guest additionally agrees to:

• Report any maintenance issues or pre-existing damages within one (1) hour of check-in;

• Properly dispose of trash and recycling;

• Leave grills clean and grease traps emptied, if applicable;

• Remove all food from refrigerators and cabinets;

• Wash and store all dishes;

• Leave the property in broom-swept condition.

Failure to timely report issues may result in Guest being held financially responsible.

DMVR reserves the right to inspect reported damages and determine appropriate remedies.

No refunds shall be issued for complaints reported more than one (1) hour after check-in.

7. PAYMENT AUTHORIZATION

Guest authorizes DMVR to charge the credit card on file for:

• Damages;

• Excessive cleaning;

• Smoking violations;

• Unauthorized pets;

• Missing items;

• Additional occupancy charges;

• HOA or condominium fines;

• Late departures;

• Unpaid balances;

• Chargebacks determined to violate this Agreement;

• Any other costs arising from Guest’s breach of this Agreement.

Guest agrees that documentation, photographs, invoices, contractor estimates, or staff observations may be used to substantiate such charges.

8. SECURITY DEPOSITS

Certain reservations may require a security deposit, credit card hold, or damage protection waiver.

Any security deposit does not limit Guest’s liability for damages, excessive cleaning, fines, or losses exceeding the deposit amount.

DMVR reserves the right to charge the credit card on file for amounts exceeding any security deposit.

9. SUBLETTING AND USE OF PROPERTY

Subletting, assignment, or transfer of this reservation is strictly prohibited.

The property shall be used solely for lawful temporary vacation lodging purposes.

Commercial activities, unlawful conduct, hazardous activities, or business operations are prohibited.

10. FURNISHINGS AND PROPERTY CONDITION

All properties are privately owned and furnished according to the owner’s preferences.

Furniture shall not be rearranged or removed.

Guest acknowledges that:

• Property decor and furnishings may differ slightly from photographs;

• Minor variations do not constitute grounds for refunds;

• Cosmetic preferences are subjective.

Guests are encouraged to review listing photographs and descriptions carefully prior to booking.

11. BREAKDOWNS, REPAIRS, AND MAINTENANCE

Properties may contain appliances and amenities including, but not limited to:

• Air conditioning;

• Televisions;

• Internet services;

• Grills;

• Washers and dryers;

• Coffee makers;

• Ice makers;

• Kitchen appliances.

Guest agrees to report any malfunction promptly.

DMVR will make commercially reasonable efforts to repair or replace malfunctioning equipment as quickly as possible. However:

• Immediate repairs cannot be guaranteed;

• Replacement equipment may not be available;

• Temporary interruptions may occur;

• No refunds or rent reductions shall be issued due to mechanical failures or amenity interruptions.

DMVR, property owners, contractors, and maintenance personnel may enter the property as reasonably necessary for inspection, repairs, maintenance, emergencies, or protection of the property.

12. AIR CONDITIONING POLICY

Guests shall not set air conditioning thermostats below seventy (70) degrees Fahrenheit.

Improper thermostat use may freeze HVAC systems and cause permanent damage.

If damage or malfunction results from Guest misuse, Guest shall be financially responsible for all associated repair costs.

13. MEDIA SERVICES AND INTERNET

Properties may include:

• Cable television;

• Streaming services;

• Satellite television;

• Wi-Fi or Internet access.

DMVR does not guarantee uninterrupted media or Internet services.

Interruptions caused by:

• Service providers;

• Weather;

• Hardware failures;

• Network congestion;

• Utility outages;

• Third-party vendors;

shall not constitute grounds for refunds.

14. SMART TELEVISIONS AND STREAMING ACCOUNTS

Some properties contain smart televisions allowing Guests to access personal streaming accounts.

Guest is solely responsible for:

• Logging out of all personal accounts prior to departure;

• Protecting personal login credentials;

• Monitoring account usage.

DMVR shall not be responsible for unauthorized charges resulting from Guest failure to log out.

If Guest forgets to log out, DMVR may attempt to assist, but assistance is not guaranteed.

Guests are encouraged to change passwords if they suspect account access remains active.

15. RECREATIONAL EQUIPMENT

Certain properties may provide recreational items including, but not limited to:

• Bicycles;

• Beach equipment;

• Fire pits;

• Gas grills;

• Outdoor games.

Use of all recreational equipment is entirely at Guest’s sole risk.

Guest agrees to:

• Inspect equipment before use;

• Use equipment responsibly and lawfully;

• Supervise minors appropriately;

• Return all equipment in good condition.

Guest assumes all risks associated with use of recreational equipment and agrees to indemnify and hold harmless DMVR, property owners, and affiliates from all claims, injuries, damages, losses, or liabilities arising from such use.

Lost, stolen, or damaged items may be charged at fair market replacement value.

16. POOLS, HOT TUBS, WATERFRONTS, AND HAZARDOUS CONDITIONS

Certain properties may include pools, hot tubs, decks, stairs, elevators, docks, waterfront access, or other potentially hazardous conditions.

Guests acknowledge and accept all inherent risks associated with such features.

Children under fourteen (14) years old must be supervised by an adult at all times around pools or waterfront areas.

Guest assumes full responsibility for all occupants and visitors and releases DMVR, property owners, and affiliates from liability for:

• Injury;

• Death;

• Loss;

• Property damage;

• Accidents occurring on or around the property.

17. SMOKING POLICY

ALL PROPERTIES ARE STRICTLY NON-SMOKING.

Smoking, vaping, marijuana use, or use of any smoking device is prohibited inside the property and in prohibited exterior areas.

Evidence of smoking may result in:

• A minimum charge of $500;

• Professional cleaning fees;

• Ozone treatment costs;

• Replacement of damaged furnishings;

• Loss of rental income due to property downtime;

• Additional charges beyond the minimum fine.

Guest authorizes such charges to be applied to the credit card on file.

18. PET POLICY

Pets are prohibited unless the property is specifically designated as pet-friendly.

Where pets are permitted:

• Additional fees apply;

• Breed, size, and quantity restrictions may apply;

• Guest may be required to provide pet information.

Unauthorized pets may result in:

• Immediate eviction;

• Additional cleaning fees;

• Loss of security deposit;

• Additional charges to the credit card on file.

Guest shall be financially responsible for all pet-related damages or excessive cleaning.

19. LINENS AND SUPPLIES

Unless otherwise specified, Guests shall provide their own:

• Bed linens;

• Towels;

• Toiletries;

• Trash bags;

• Paper products;

• Cleaning supplies;

• Consumable household items.

Properties generally include:

• Pillows;

• Mattress pads;

• Bedspreads;

• Basic kitchenware;

• Basic cleaning equipment.

20. INCLEMENT WEATHER AND FORCE MAJEURE

DMVR, property owners, and affiliates shall not be liable for events beyond their reasonable control, including but not limited to:

• Hurricanes;

• Flooding;

• Fire;

• Lightning;

• Severe weather;

• Utility outages;

• Government actions;

• Pandemics;

• Mandatory evacuations;

• Acts of God;

• Labor shortages;

• Construction disruptions;

• Internet outages.

No refunds shall be issued due to weather or force majeure events unless:

• A mandatory evacuation order is issued; or

• The property becomes legally uninhabitable.

DMVR strongly recommends that Guests purchase trip cancellation insurance.

21. CANCELLATION POLICY

Cancellation policies vary depending on booking platform.

Airbnb Reservations

Please refer to the cancellation policy listed on the applicable Airbnb listing.

VRBO Reservations

Please refer to the cancellation policy listed on the applicable VRBO listing.

Booking.com Reservations

Please refer to the cancellation policy listed on the applicable Booking.com listing.

Direct Booking or DMVR Website Reservations

Reservations are ninety percent (90%) refundable if canceled sixty (60) or more days prior to check-in.

If canceled fewer than sixty (60) days prior to check-in, DMVR will attempt to re-rent the property.

If the property is successfully re-rented, Guest may receive a refund equal to the amount recovered, up to ninety percent (90%) of the original reservation total.

22. TRIP CANCELLATION INSURANCE

DMVR strongly recommends that Guests purchase trip cancellation and travel insurance.

Guests may obtain such coverage independently or through providers recommended by DMVR.

23. SPECIFIC PERFORMANCE AND SUBSTITUTE ACCOMMODATIONS

DMVR acts as a transaction broker in facilitating reservations.

In the event a reserved property becomes unavailable due to circumstances beyond DMVR’s control, DMVR reserves the right to:

• Provide substitute accommodations when available; or

• Cancel the reservation and refund amounts paid.

DMVR shall not be liable for additional consequential damages, travel expenses, relocation costs, or alternative lodging costs.

24. TRANSIENT OCCUPANCY

Guest acknowledges that this Agreement creates a temporary transient occupancy arrangement only.

Guest shall not acquire any tenancy rights, leasehold rights, or residency protections under New Jersey landlord-tenant laws.

25. CHARGEBACKS AND PAYMENT DISPUTES

Guest agrees not to initiate credit card chargebacks for charges authorized under this Agreement.

In the event of an improper chargeback or payment dispute, Guest agrees to reimburse DMVR for:

• Administrative costs;

• Collection costs;

• Attorney’s fees;

• Bank fees;

• Time spent responding to disputes.

26. INDEMNIFICATION

Guest agrees to indemnify, defend, and hold harmless DMVR, property owners, affiliates, employees, contractors, and agents from and against all claims, liabilities, damages, losses, costs, or expenses arising from:

• Guest occupancy;

• Guest negligence;

• Violations of this Agreement;

• Injury or damage caused by Guest or members of the Rental Party.

27. ATTORNEY’S FEES AND COLLECTION COSTS

In any action arising from this Agreement, the prevailing party shall be entitled to recover reasonable attorney’s fees, court costs, collection costs, and related expenses.

28. GOVERNING LAW AND VENUE

This Agreement shall be governed by and interpreted in accordance with the laws of the State of New Jersey.

Any legal action arising under this Agreement shall be brought exclusively in the appropriate courts located in Cape May County, New Jersey.

29. SEVERABILITY

If any provision of this Agreement is determined to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.

30. ENTIRE AGREEMENT

This Agreement constitutes the entire agreement between the parties and supersedes all prior oral or written communications, understandings, or agreements.

No modification to this Agreement shall be valid unless made in writing by DMVR.

31. ELECTRONIC SIGNATURES

Electronic signatures, electronic acceptances, and digital acknowledgements shall be deemed valid and enforceable to the fullest extent permitted by law.

32. ACKNOWLEDGEMENT

By submitting payment, checking the acceptance box electronically, signing electronically, or occupying the property, Guest acknowledges that they:

• Have read this Agreement in full;

• Understand all terms and conditions;

• Agree to comply with all policies;

• Accept financial responsibility for all members of the Rental Party.