THIS AGREEMENT is made by and between Newport Lodging, LLC, herein called "Owner," and You, whether one or more, herein called "Guest or Guests." Owner leases to Guest/Guests and Guest/Guests rents from Owner the real property, herein called 'Property' at the physical address, specified rate, and for the period set out in the specified dates selected by Guest/Guests and listed on the Reservations and Bookings Pages. Owner leases the Property to Guest/Guests on the following terms and conditions:
1. PAYMENTS AND CANCELLATION:
Guest agrees to the following payment and cancellation terms:
- Guest will be charged 100% of the total booking cost (including taxes and applicable fees) at the time of booking.
- Guest who cancels more than 7 days prior to the scheduled arrival date will receive a full refund less a $50.00 processing fee.
- No refunds will be issued to Guest who cancels within 7 days of the scheduled arrival date.
- No refunds will be issued for early departures or no shows.
- A $50.00 change of date fee will be charged if change is made within 7 days of the original scheduled arrival date. If the room rates are higher for the new dates of stay, the Guest will be charged the difference between the new rates and the original rates as well as additional taxes and applicable fees. This charge will be made at the time the change is made. Date changes are subject to availability and not guaranteed. Multiple date changes will not be permitted.
- Guests who elect a Buy Out of the Black Duck Inn should refer to their Buy Out Contract for the applicable Payment and Cancellation policies if applicable.
Check in time is between the hours of 4:00 p.m. and 7:00 p.m. Check out time is 11:00 a.m. Guest shall be permitted to have the maximum overnight occupancy at the Property according to the specific room type reserved and outlined below. Minimum age for occupancy is 10 years old and maximum occupancy is regardless of age. Any violation of these occupancy limits shall allow the Owner to terminate the reservation and remove Guest, all other persons, and their possessions:
- 2 People Per
- 2 People Per
Guest covenants and agrees with Owner to:
- Comply with all obligations imposed upon Guest by applicable provisions of building codes materially affecting health and safety.
- Keep the Property in as clean and safe condition as when first occupied.
- Keep all plumbing fixtures in the Property and used by the Guest in good clean operating condition.
- To use in a reasonable manner all electrical, plumbing, sanitary, heating, ventilating, air-conditioning, and other facilities and appliances.
- To not destroy, deface, damage, impair, or remove any part of the Property or knowingly permit any person to do so.
- To conduct themselves and require other persons on the Property with Guest's consent to conduct themselves in a manner that will not disturb Guest's neighbor's peaceful enjoyment of other parts of the Property.
- To comply with all laws and ordnances of the municipality where the Property is located, including and not in limitation of the foregoing noise ordinances and ordinances related to the maximum number of people allowed in a building and to indemnify Owner from all loss or damages resulting from Guest's violation of such ordinances.
- Guest will be responsible for any financial cost and/or financial losses to the Owner as a result of any noise related incidents by Guest or Guest's invitees.
- Delivery by the Black Duck Inn employees of gift bags or other items supplied by Guest to Guest's Room(s) can be arranged by contacting Guest Services at 401-845-0500 at least 48 hours prior to the date of arrival. Gift bags/other items must be dropped off to Guest Services located at 29 Pelham Street, Newport, RI 02840 at least 24 hours prior to date of arrival. There will be a delivery fee of $5.00 per bag/item processed at the time of drop off. Perishable items should not be included. Each bag/item must be clearly labeled by Guest with the Guest's name and room number. Arrangements for any other deliveries can be made by contacting Guest Services at 401-845-0500 at least 48 hours prior to the date of arrival. Additional delivery fees may be incurred.
- Guest and all other occupants must abide by the established Quiet Hours between 10:00 p.m. and 7:00 a.m. daily.
3. Security Deposit:
Guest acknowledges and grants permission for Owner to retain his/her credit card information as a form of Security Deposit. This Security Deposit is to guarantee the return of the Property to the Owner in the same or better condition as when accepted by the Guest, reasonable wear excepted. The Security Deposit is to indemnify the Owner against damage and/or loss of value as a result of the Guest's action, mistake, or inaction during the term of occupancy. Guest is responsible for damage and/or loss of value to the Property and Guest hereby agrees to reimburse the Owner for such loss immediately upon the presentation of a bill for said damage and/or loss via charge to the credit card on file. Guest warrants that he/she will meet all aspects of this agreement in every respect, and acknowledges that failure to do so will result in charges against Guest's credit card. If Guest's credit card is declined Owner reserves the right to pursue collection of these charges through all other legal means available.
4. Cleaning Fee, Parking, Smoking and Pet Policies:
Guest accepts the Property in its present condition. Guest agrees to return the Property in a similar condition. There will be an at cost non-refundable restoration fee charged to the credit card on file for those who do not comply.
Guest acknowledges that one parking space will be provided at the Property provided Guest has a small vehicle. The Black Duck Inn parking lot is not designed to handle large vehicles. Guests with large vehicles will be required to find street parking or off-street parking elsewhere at Guest's expense. Guest acknowledges that parking is on a first come first served basis and on street parking may be available if the parking lot is full. Street parking or off-street parking, if available, is at the Guest's expense. Only one vehicle per room will be permitted to park in the parking lot if a space is available. Guests with more than one vehicle may not park more than one vehicle in the parking lot. Small vehicles fit best as parking in the parking lot and in Newport in general can be difficult to navigate. Guest must remove his/her vehicle from the parking lot by 11:00 a.m. on the day of checkout or the vehicle will be subject to towing at the Guest's expense.
Guest acknowledges that the Property has a smoke free policy. Guest will be charged $150.00 for smoking in any Room, Suite or common area.
Pets are not allowed at the Black Duck Inn
5. Use of Property:
Guest agrees to use the premises only as a temporary residence for him or herself and not for more than the number of Guests provided in paragraph 2. Guest assumes responsibility for actions taken by other occupants, invitees and any other person entering the Property. Owner will hold Guest solely responsible for all damages to property and for violations against this reservation agreement.
6. Attorney's Cost:
Guest shall reimburse Owner for reasonable attorney's fees and court costs for any action taken by Owner to enforce this rental agreement.
7. Repair Policy:
Guest shall keep the Property in good order and repair. Guest is encouraged to treat the Property as their home. Guest acknowledges responsibility for any damages caused by Guest or his/her invitees.
8. Removal of Owner's Property:
If anyone removes or damages any property belonging to Owner within the unit or from any common ground associated with its address, this will constitute immediate revocation of the reservation and Guest shall immediately vacate. Owner may seek reimbursement from the Security Deposit and also take further legal action.
9. Condition of Property:
Guest acknowledges that the Property is in good condition. If there is anything in or on the Property that would not be considered in good condition, Guest agrees to report it to Owner upon taking possession of the Property by visiting Guest Services or calling 401-845-0500. Guest agrees that failure to report any defects will be legally binding proof that the property is in good condition at the time of occupancy.
10. Systems Information:
Owner warrants that all major systems will be functional and in good repair at time of possession. Guest is encouraged to report any necessary repairs, no matter how slight, but they are hereby advised that the Owner does not normally repair or replace nonfunctional items such as paint, carpets, etc., every time a property changes possession. Those items are scheduled for repair/replacement at regular intervals.
11. Guest Responsibility:
Good housekeeping is required of Guest and other occupants. Guest agrees to keep quarters clean and in sanitary condition. Guest agrees not to permit any deterioration or destruction to occur while they are occupying the property. Guest agrees to maintain the walls, woodwork, floors, furnishings, fixtures and appliances, windows, screens, doors, fences, plumbing, air-conditioning and heating, electrical and mechanical systems as well as the general structure and appearance of the property. Guest agrees to follow all Owner policies and regulations, especially where posted.
12. Vehicle Policy:
Guest agrees never to park or store a motor home, camper, trailer, boat, or any sort of recreational vehicle and to park only small automobiles in the onsite parking provided. Guest must follow rules and laws of the City of Newport regarding parking.
13. Disclosure of Owner Agent:
Owner may be represented at various times by its employees or agents, who will carry identification. Owner's address is 543 Thames Street, Newport, Rhode Island 02840.
14. Validity of Reservation Provisions:
Any provision set forth in this reservation agreement which is contrary to the state Residential Owner and Guest laws shall be treated by Owner and Guest as void and as if it were not set forth herein, but all other provisions of the reservation agreement shall remain in full force and effect.
15. City, County, or State Violations:
Guest is responsible for paying all violation fees issued to Guest or Owner by the City of Newport, Newport County or State of Rhode Island for non-compliance to city, county or state laws by the Guest or Guest's invitees. If the Owner is required to appear in court, Guest acknowledges responsibility for Owner's legal and court cost and shall pay no less than an additional $350.00 fee to compensate Owner for his time.
All rights given to Owner by this agreement shall be cumulative in addition to any laws that exist or might come into being. Any exercise of any rights by Owner or failure to exercise any rights shall not act as a waiver of those or any other rights. No statement or promise by Owner, its agents or employees, as to tenancy, repairs, amount of rate to be paid, or other terms and conditions shall be binding unless it is put in writing and made a specific part of this agreement.
Guest agrees to indemnify and defend the Owner against, and to save it harmless from, any and all claims of whatever nature, for injury or damage to persons or property (including, without limitation, lost or stolen property) in or about the Property, or arising from any accident, injury or damage, arising within the parking area, if any, resulting from an act, default or omission on the part of the Guest or his/her invitees, children, relatives and friends.
18. Legal Binding:
Guest hereby states that he or she has the legal rights to sign for any and all other Guests and to commit them to abide by this contract.
19. Full Disclosure:
By agreeing to this reservation agreement, Guest hereby acknowledges that all questions about this agreement have been answered and that they fully understand all the provisions of the agreement and the obligations and responsibilities of each party, as spelled out herein. Guest further acknowledges and agrees to fulfill Guest's obligations in every respect or suffer the full legal and financial consequences of their actions or lack of action in violation of this agreement. In addition, Guest hereby acknowledges and opts-in to the Vacation Newport email and text message list by agreeing to the terms and conditions herein and willing accepts current and future communications via email and other various media platforms from Owner.
20. Pricing, Availability, Discounts and Promotions:
Pricing and availability are subject to change at any time at the sole discretion of the Owner. All discounts and promotions are subject to availability. Discounts, promotions and/or special offers cannot be applied to existing reservations nor can they be combined with other offers regardless of the nature.
21. No Tenancy Created:
Even though this document uses the terms 'leases' and 'rents', Guest acknowledges that the property is a transient occupancy and no Landlord/Tenant relationship is created.