Occupancy License Agreement
StayNue.com (formerly myBostonTrip.com), owned by Voyage Management LLC (”Licensor”) and the company and/or individuals specified in the Online Reservation or otherwise specified hereinafter (jointly, and severally, hereinafter referred to as “Guest”) agree to this OCCUPANCY LICENSE AGREEMENT (hereinafter referred to as the “Agreement”) as follows:
BY DOWNLOADING, INSTALLING, OR OTHERWISE ACCESSING OR USING THE SERVICE OR PROPERTIES, OR BY SIGNING A SEPARATE AGREEMENT WITH LICENSOR THAT EXPRESSLY INCORPORATES BY REFERENCE THIS AGREEMENT, GUEST AGREES THAT HE/SHE HAS READ AND UNDERSTOOD, AND, AS A CONDITION TO YOUR USE OF THE SERVICE OR PROPERTIES, GUEST AGREE TO BE BOUND BY, THIS AGREEMENT. IF GUEST IS NOT ELIGIBLE, OR DOES NOT AGREE TO BE BOUND BY THIS AGREEMENT, THEN GUEST DOES NOT HAVE PERMISSION OR ANY RIGHT TO USE THE SERVICE OR PROPERTIES. GUEST’S USE OF THE PREMISES, SERVICE, OR PROPERTIES, AND LICENSOR’S PROVISION OF THE SERVICE TO GUEST AND EXPRESS LICENSE OR PERMISSION GRANTED HEREIN TO USE THE PROPERTIES (IF APPLICABLE), CONSTITUTE AN AGREEMENT BETWEEN LICENSOR AND GUEST TO BE BOUND BY THIS AGREEMENT.
PLEASE READ THESE IMPORTANT LEGAL TERMS AND CONDITIONS.
NOW, THEREFORE, for and in consideration of the covenants and obligations contained herein and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties agreed to certain terms and conditions as specified in the Online Reservation and is hereby agreed to certain terms and conditions specified as follows:
LICENSE FEE. In consideration for the license to use Premises subject to these terms and conditions, the Guest agrees to and shall pay all amounts specified in the Online Reservation, or otherwise specified hereinafter, together with all sums due and payable to Licensor under this Agreement (collectively, the “License Fee”) without right of offset for any reason, except as stated herein.
TERM. The Guest’s ability to use and occupy the Premises shall commence at 3 PM on the Check-in Date, as specified in the Online Reservation, or otherwise specified hereinafter. The Guest’s ability to use and occupy the Premises is for a specified period and may not be extended, unless specifically agreed, in writing, by the Licensor. On the Check-Out Date specified in the Online Reservation, or otherwise specified hereinafter, the Guest shall vacate the Premises by 11 AM, at which time the Guest’s right to use and occupancy of the Premises shall terminate.
SECURITY DEPOSIT. Upon the due execution of this Agreement, Guest shall deposit with Licensor the agreed-upon security deposit of which is hereby acknowledged by Licensor, as security for any damage caused to the Premises during the term hereof. The security deposit may be waived upon successful credit card authorization charge of the same amount.
USE OF PREMISES. The Premises shall be used and occupied by Guest as a private residential dwelling and no part of the Premises shall be used at any time during the term of this Agreement by Guest for the purpose of carrying on any business, profession, or trade of any kind, or for any purpose other than as a private residential dwelling. Guest shall not allow any other person to use or occupy the Premises without first obtaining Licensor’s written consent to such use. All visitors must be previously authorized (including those that do not stay overnight). Any unauthorized visitors may trigger an immediate cancellation of the reservation at the Licensor’s discretion, without refund or return of any deposits collected. Guest (and all those using or accessing the Premises by, through, or under the Guest) shall comply these terms and conditions and with any and all laws, ordinances, rules and orders of any and all governmental or quasi-governmental authorities affecting the cleanliness, use, occupancy and preservation of the Premises.
CONDITION OF PREMISES. Guest accepts the Premises “as is” and without representation or warranties from the Licensor. Guest stipulates, represents and warrants that Guest has been given ample opportunity to examine the Premises, and that the Premises are, at the commencement of the Term, in good order, repair, and in a safe, clean and usable condition. Any interruption of services shall not be grounds for withholding payment of the License Fee or any other amount due hereunder.
ASSIGNMENT AND SUB-LETTING. Guest shall not assign this Agreement, or sub-let or grant any license to use the Premises or any part thereof without the prior written consent of Licensor. Such consent may be withheld by Licensor, in its sole and exclusive discretion. A consent by Licensor to one such assignment, sub-letting or license shall not be deemed to be a consent to any subsequent assignment, sub-letting or license. An assignment, sub-letting or license without the prior written consent of Licensor or an assignment or sub-letting by operation of law shall be absolutely null and void and shall, at Licensor’s option, terminate this Agreement.
ALTERATIONS AND IMPROVEMENTS. Guest shall make no alterations to the buildings or improvements on the Premises or construct any building or make any other improvements on the Premises without the prior written consent of Licensor. Any and all alterations, changes, and/or improvements built, constructed or placed on the Premises by Guest shall, unless otherwise provided by written agreement between Licensor and Guest, be and become the property of Licensor and remain on the Premises at the expiration or earlier termination of this Agreement.
NON-DELIVERY OF POSSESSION. In the event Licensor cannot deliver possession of the Premises to Guest upon the commencement of the Reservation term, through no fault of Licensor or its agents, then Licensor or its agents shall have no liability, but the reservation herein provided shall abate until possession is given. Licensor or its agents shall have thirty (30) days in which to give possession, and if possession is tendered within such time, Guest agrees to accept the demised Premises and pay the reservation herein provided from that date. In the event that possession cannot be delivered within such time, through no fault of Licensor or its agents, then this Agreement and all rights hereunder shall terminate.
HAZARDOUS MATERIALS. Guest shall not keep on the Premises any item of a dangerous, flammable or explosive character that might unreasonably increase the danger of fire or explosion on the Premises or that might be considered hazardous or extra hazardous by any responsible insurance company.
MAINTENANCE AND REPAIR. Guest will, at its sole expense, keep and maintain the Premises and appurtenances in good and sanitary condition and repair during the term of this Agreement and any renewal thereof.
RULES & REGULATIONS
In addition to the Guest’s obligations under this License, Guest shall:
Not obstruct the driveways, sidewalks, courts, entry ways, stairs and/or halls, which shall be used for the purposes of ingress and egress only;
Keep all windows, glass, window coverings, doors, locks and hardware in good, clean order and repair;
Not obstruct or cover the windows or doors;
Not leave windows or doors in an open position during any inclement weather;
Not hang any laundry, clothing, sheets, etc. from any window, rail, porch or balcony nor air or dry any of same within any yard area or space;
Not cause or permit any locks or hooks to be placed upon any door or window without the prior written consent of Licensor;
Keep all air conditioning filters clean and free from dirt;
Keep all lavatories, sinks, toilets, and all other water and plumbing apparatus in good order and repair and shall use same only for the purposes for which they were constructed. Guest shall not allow any sweepings, rubbish, sand, rags, ashes or other substances to be thrown or deposited therein. Any damage to any such apparatus and the cost of clearing stopped plumbing resulting from misuse shall be borne by Guest;
And Guest’s guests shall at all times maintain order in the Premises and at all places on the Premises, and shall not make or permit any loud or improper noises, or otherwise disturb other residents;
Keep all radios, television sets, stereos, phonographs, etc., turned down to a level of sound that does not annoy or interfere with other residents;
Deposit all trash, garbage, rubbish or refuse in the locations provided therefor and shall not allow any trash, garbage, rubbish or refuse to be deposited or permitted to stand on the exterior of any building or within the common elements;
Comply with all laws, regulation, and ordinances of the Commonwealth of Massachusetts and the City or Town of the Premises.
Abide by and be bound by any and all rules and regulations affecting the Premises or the common area appurtenant thereto which may be adopted or promulgated by the Condominium or Homeowners’ Association having control over them.
Abide by any and all house rules, whether promulgated before or after the execution hereof, including but not limited to rules with respect to noise, odors, disposal of refuse, pets, parking and use of common areas.
Violations of Rules and Regulations: A violation of the Rules and Regulations shall constitute a breach of this Agreement. As damages for said breach, Licensor shall be entitled to and Guest agrees to pay, liquidated damages, for each violation of the Rules and Regulation the following:
Smoking or illegal drug use: $500 per incident
Unauthorized guests or pets: $250 per day
Noise or other disturbance: $250 per incident
Parties: $2,000 per day + other fees as applicable
Lost key: $500 per set
Maintenance visit prevented: $250 per incident
Water/floor damage by Guest: $250 per incident
Plumbing issue or clog attributed to Guest: $250 per incident
Pests attributed to Guest: $500 per incident
Cleaning/disposal fee for abandoned personal property: $250 per incident
Notwithstanding the above, Licensor reserves the right, in its sole and absolute discretion, to obtain payment for the actual costs of any violation of the Rules and Regulations, if the actual costs are reasonably ascertainable. Also, Licensor is entitled to recover legal fees and costs to enforce these provisions.
Where the Guest provides the Licensor with credit card information to pay any fees, expenses, charges or costs under this Agreement, Guest does hereby also authorize the Licensor to charge the Guest’s credit card for the above referenced items; Guest agrees that it will not dispute any such charges.
DAMAGE TO PREMISES. In the event the Premises are destroyed or rendered wholly uninhabitable by fire, storm, earthquake, or other casualty not caused by the negligence of Guest, this Agreement shall terminate from such time except for the purpose of enforcing rights that may have then accrued hereunder. The reservation provided for herein shall then be accounted for by and between Licensor and Guest up to the time of such injury or destruction of the Premises, Guest paying reservation fees up to such date and Licensor refunding reservation fees collected beyond such date. Should a portion of the Premises thereby be rendered uninhabitable, the Licensor shall have the option, in its sole and exclusive discretion, of either repairing such an injured or damaged portion or terminating this Reservation. In the event that Licensor exercises its right to repair such uninhabitable portion, the reservation shall abate in the proportion that the injured parts bears to the whole Premises, and such part so injured shall be restored by Licensor as speedily as practicable, after which the full fee shall recommence and the Agreement continue according to its terms.
INSPECTION OF PREMISES. Licensor and Licensor’s agents shall have the right at all reasonable times during the term of this Agreement and any renewal thereof to enter the Premises for the purpose of inspecting the Premises and all buildings, improvements, and prospective site showings, thereon, and for the purposes of making any repairs, additions or alterations as may be deemed appropriate by Licensor for the preservation of the Premises or the building. Licensor and its agents shall further have the right to exhibit the Premises and to display the usual “for sale”, “for rent” or “vacancy” signs on the Premises at any time before the expiration of this Reservation. The right of entry shall likewise exist for the purpose of removing placards, signs, fixtures, alterations or additions that do not conform to this Agreement or to any restrictions, rules or regulations affecting the Premises.
SUBORDINATION OF RESERVATION. This Agreement and Guest’s interest, if any, hereunder are and shall be subordinate, junior and inferior to any and all leases, mortgages, liens or encumbrances now or hereafter placed on the Premises, all advances made under any such leases, mortgages, liens or encumbrances (including, but not limited to, future advances), the interest payable on such leases mortgages, liens or encumbrances and any and all renewals, extensions or modifications of such leases, mortgages, liens or encumbrances. Guest agrees to hold Licensor harmless from any actions taken by a master lease holder, liable for any actions by made by 3rd parties including the building owner, However, nothing herein shall be deemed to be a grant of a real property interest to the Guest, as the Guest’s rights are solely personal and contractual. Guest further irrevocably stipulates that nothing in this license agreement shall be construed to create in whole or in part, expressly or by implication, any relationship of whatsoever nature (including but not limited to landlord and tenant) save that of licensor and licensee to a revocable at will, bare license, and that nothing herein shall be construed to create in whole or in part, expressly or by implication, any estate or interest in land.
SURRENDER OF PREMISES. Upon the expiration of the Term hereof on the Check-Out Date specified in the Online Reservation, or otherwise specified hereinafter, Guest shall immediately and without delay surrender the Premises in as good a state and condition as they were at the commencement of this Agreement, reasonable use and wear and tear thereof and damages by the elements excepted.
GUEST’S HOLD OVER. If Guest remains in possession of the Premises without the consent of Licensor after the expiration of this Agreement, the Guest will be subject to any and all of the following: (a) payment owed to Licensor, as liquidated damages, a holdover fee of 150% on top of the reservation fee, (b) civil and criminal penalties against the Guest, (c) Regular monthly and annual reporting of the debt owed to 3rd credit agencies, (d) A change in locks at any point during the Guest possession, and (e) any and all other remedies legally allowable in Commonwealth of Massachusetts, including the Guest owing reasonable attorneys’ fees and court costs to enforce this Agreement.
NO PETS. Unless specified otherwise in the booking confirmation, Guest shall not be entitled to keep pets including domestic dogs, cats or birds.
INDEMNIFICATION. Licensor shall not be liable for any damage or injury of or to the Guest, Guest’s family, guests, invitees, agents or employees or to any person entering the Premises or the building of which the Premises are a part or to goods or equipment, or in the structure or equipment of the structure of which the Premises are a part, or any personal property of the Guest, Guest’s family, guests, invitees, agents or employees or to any person entering the Premises (including, for example, vehicles parked at the Premises), and Guest hereby agrees to indemnify, defend and hold Licensor harmless from any and all claims or assertions of every kind and nature.
LOCKOUTS. Should Guests lock themselves out of their dwelling and be unable to gain access through their own resources, they should call Licensor, who will arrange for a locksmith to open the door. A $250 fee will be assessed to cover the costs of the locksmith. Guests should not call their own locksmith and/or make not make their own arrangement because any damage to the door and/or lock caused by the Guest and/or Guest’s locksmith will be paid by the Guest.
KEY REPLACEMENT. If the key is lost, the guest agrees to a replacement fee of $500. Guest understands and acknowledges that replacement keys require a significant time period for delivery (weeks, etc.), and that there may be a delay in returning access to the apartment until a replacement key is issued by the building.
LATE CHARGE. In the event that any payment required to be paid by Guest hereunder is not made within thirty (30) days of when due, Guest shall pay to Licensor, in addition to such payment or other charges due hereunder, a “late fee” in the amount of One Hundred Dollars ($150) every 15 days past due. Licensor/Agent has the right to change the locks and evict guests once the reservation fee is past due without court order. Licensor/Agent has the right to evict guest’s personal belongings when the reservation fee is not received.
CANCELLATIONS BY GUEST. The Guest agrees to comply with the cancellation policy specified on the advertised listing in the booking channel at the point of making the reservation. If, however, no such cancellation is specified, the following policy will govern:
Guests shall be eligible for a full refund if the cancellation is done within 48 hours of booking, and the cancellation must have occurred at least 14 days before check-in.
Guests shall be eligible for a 50% refund of the unused nights plus the cleaning fee if the cancellation is made at least 7 days before check-in.
Guests shall not be eligible for a refund if the cancellation occurred 6 days or less before check-in.
Guests shall not be eligible for a refund, partial or full, of the Service Fee stated on the reservation at any time a cancellation occurs under any refund eligibility.
REMEDIES; LIQUIDATED DAMAGES; ATTORNEYS’ FEES. Any breach of this license agreement by Guest, including but not limited to, violations of Rules and Regulations, shall subject Guest to cancellation of the reservation without refund, in the sole and exclusive discretion of the Licensor; additionally, Guest specifically agrees to pay, as liquidated damages, all applicable charges specified in the Rules and Regulations. Interest at 1.5% per month shall accrue on all amounts not paid within 30 days of the expiration of the Term. Should it become necessary for Licensor to employ an attorney to enforce any of the conditions or covenants hereof, including the collection of reservation fees or gaining possession of the Premises, Guest agrees to pay all expenses incurred, including a reasonable attorneys’ fee. The above rights and remedies available to Licensor are in addition to any and all other rights available to the Licensor under law or at equity.
ENTIRE AGREEMENT. These terms and conditions constitute the entire understanding between the parties and supersedes any and all prior agreement(s), negotiation(s), and/or quote(s). These terms and conditions may not be waived, modified, or amended, except by written agreement, signed by a duly authorized representative of Licensor.
RECORDING OF AGREEMENT. Guest shall not record this Agreement on the Public Records of any public office. In the event that Guest shall record this Agreement, this Agreement shall, at Licensor’s option, terminate immediately and Licensor shall be entitled to all rights and remedies that it has at law or in equity.
GOVERNING LAW. This Agreement shall be governed, construed and interpreted by, through and under the Laws of the Commonwealth of Massachusetts.
NOTICES. Guest confirms that the information provided on the Online Reservation, or otherwise specified hereinafter, is his/her email address and address for services of any notices required hereunder. Guest further consents to receive promotion and marketing information from Licensor and/or companies affiliated with the Licensor.
SEVERABILITY. If any provision of this Agreement or the application thereof shall, for any reason and to any extent, be invalid or unenforceable, neither the remainder of this Agreement nor the application of the provision to other persons, entities or circumstances shall be affected thereby, but instead shall be enforced to the maximum extent permitted by law.
BINDING EFFECT. The covenants, obligations and conditions herein contained shall be binding on and inure to the benefit of the heirs, legal representatives, and assigns of the parties hereto. Additionally, Guest warrants and represents to Licensor that the Guest has authority to enter into this Agreement and bind any and all persons, invitees, and licensees using or occupying the Premises during the Guest’s use and occupancy of the Premises.
DESCRIPTIVE HEADINGS. The descriptive headings used herein are for convenience of reference only and they are not intended to have any effect whatsoever in determining the rights or obligations of the Licensor or Guest.
CONSTRUCTION. The pronouns used herein shall include, where appropriate, either gender or both, singular and plural.
NON-WAIVER. No indulgence, waiver, election or non-election by Licensor under this Agreement shall affect Guest’s duties and liabilities hereunder.
MODIFICATION. The parties hereby agree that this document contains the entire agreement between the parties and this Agreement shall not be modified, changed, altered or amended in any way except through a written amendment signed by all of the parties hereto.