THIS AGREEMENT is made by and between Newport Lodging II, 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 Paws on Pelham should refer to their Buy Out Contract for the applicable Payment and Cancellation policies.
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:
Rooms 2, 3, 5, 7, 8, 10, 11 & 13: 2 People
Rooms 1, 4, 6, 9 & 12: 4 People
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 Paws on Pelham employees of gift bags or other items supplied by Guest to Guest's Room(s) and/or Suite can be arranged by contacting Guest Services at 401-845-9400 at least 48 hours prior to the date of arrival. Gift bags/other items must be dropped off to Guest Services located at 550 Thames 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 401-845-9400 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 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 parking is not available on site at Paws on Pelham. One parking space per room will be available, but not guaranteed at the Elks Lodge located at 141 Pelham St. The Elks Lodge is within a short walking distance of Paws on Pelham. Guest will receive one parking pass/permit at the time of check in. 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. If parking is not available at the Elks Lodge, Guest will have to find street parking or other off-street parking at Guest's expense. Small vehicles are recommended as parking in Newport in general can be difficult to navigate.
Guest acknowledges that the Property has a smoke free policy. Guest will be charged $150.00 for smoking in a non-smoking Room, Suite or common area.
5. Pet Policy:
We are proud to welcome dogs at Paws on Pelham. Guest bringing a dog or dogs, hereby agree to the following stipulations:
- Guest assumes full responsibility for the dog(s) at all times while on/in the Property.
- A maximum of two (2) dogs per guest room.
- Dog(s) staying at the Property must be up to date on all required vaccinations to include, but not be limited to, rabies vaccines.
- Dog(s) must be on a leash and controlled by a handler at all times when not in their guest room. Dog(s) must never be chained anywhere on the premises and never left unattended unless properly secured in the guest room.
- Dog(s) are not allowed in the dining room or kitchen at any time.
- A cell phone number of the Guest must be left with the Innkeeper and Guest must be able to be reached at all times.
- Dog(s) left unattended in the guest room must not bark, cause damage, or do anything to disturb other guests and/or employees or deface the Property.
- In the event of any excessive disturbance from barking, scratching, crying/whining, etc. Owner will contact Guest immediately and request an immediate resolution to the unpleasant situation. Owner reserves the right to ask Guest to remove the dog(s) from the premise at any time should the dog(s) create such a disturbance or should Guest elect not to follow the Pet Policy rules. Any costs experienced by Owner to compensate another Guest affected by any disturbances will be charged to the Guest with the dog(s) creating the disturbance and Guest will not be refunded for any part of their stay should they leave prior to end of their scheduled stay.
- Guest will be liable for any and all damage or harm caused by their dog(s) to other dogs, humans, personal property or the Property. Guest holds Owner harmless for any injury and/or damage caused by their dog(s). Owner reserves the right to share Guest's personal contact information with the proper authorities and other appropriate guests and/or employees should Guest's dog(s) bite or cause injury to another guest, employee, visitor, vendor or patron of Property.
- Housekeeping services will be available if Guest crates their dog(s) or take their dog(s) out of the guest room. Guest can speak with the Innkeeper if Guest has any special requests.
- Guest acknowledges that they are responsible for the immediate picking up their dog(s) feces and any and all other waste and dispose of it in outdoor trash containers. Dog feces is not to be disposed of inside the Property. A $50.00 fine will be charged to Guest each time Guest neglects to pick up after their dog(s).
- Guest is prohibited from bathing their dog(s) in the guest room showers or on the Property.
6. 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.
7. Appliances, Furnishing, and Accessories:
The kitchen is only to be used by the Innkeeper and/or employees of Newport Lodging II, LLC and Paws on Pelham.
8. 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.
9. 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.
10. 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.
11. 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) 845-9400. 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.
12. 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.
13. 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.
14. Vehicle Policy:
Guest agrees never to park or store a motor home, camper, trailer, boat, or any sort of recreational vehicle in any parking area that may be provided. Guest must follow rules and laws of the City of Newport regarding parking.
15. Disclosure of Owner Agent:
Owner may be represented at various times by its employees or agents, who will carry identification. Owner's and Guest Services address is: 550 Thames Street, Newport, Rhode Island 02840.
Please be advised that camera surveillance equipment (CCTV) is used in common/public areas for the safety and security of Guests and Vacation Newport employees as well as to ensure the protection and proper use of the property in general. This equipment may or may not be monitored at any time. Surveillance cameras are utilized only in common/public areas where there is no 'reasonable expectation of privacy.' Common/public areas may include pools, building entrances, hallways, parking lots, kitchens, common gathering areas, office areas, property grounds, etc. At no time will any surveillance equipment be located in any bedroom, bathroom or any other facility where a 'sense of privacy' is expected.
17. 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.
18. 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.
21. Legal Binding:
Guest hereby states that he or she has the legal right to sign for any and all other Guests and to commit them to abide by this contract.
22. Full Disclosure:
By agreeing to this reservation agreement, Guest hereby acknowledges that all questions about this agreement have been answered and that he/she fully understands 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 willingly accepts current and future communications via email and other various media platforms from Owner including third party emails from TripAdvisor to send review solicitation emails.
23. Pricing, Availability, Discounts, Promotions and Gift Cards:
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. All gift cards, retain no physical cash value and must be redeemed towards a future reservation. Gift cards cannot be used on a future reservation to secure a reimbursement under any circumstance.
24. 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.