RENTAL PROPERTIES: Sea Whale Motel, House and Cottages. These properties have a policy of no smoking/no pets or animals allowed by renters or visitors to the property, or in parked cars temporarily or overnight.
RENTAL FEE: Varies, see Motel, House, 2 Bedroom Cottage, 3 Bedroom Cottage pages for more information.
All changes and cancellations must be made within the following time to avoid a charge of the first night’s stay plus tax:
One room: 48 hours before day of check-in to avoid a charge of the first night’s stay + tax
Two rooms: 7 days before day of check-in to avoid a charge of the first night’s stay + tax per room
Three or more rooms: 30 days before day of check-in to avoid a charge of the first night’s stay + tax per room
HOUSE & COTTAGES
Refundable Damage Deposit: varies with length of stay, beginning at $300. Taxes and Cleaning Fee included.
CANCELLATION POLICY: Policy changes according to date of booking.
OCCUPANCY: Guest agrees that no more than the designated number of guests in this lease shall be permitted on the Property at any time during the rental term, all of whom shall comply with the conditions and restrictions imposed upon Guest under this Agreement. This includes visitors to the property during the rental term.
CONDITION AND USE OF PROPERTY: The Property is provided in “as is” condition. The Landlord(s) shall use its best efforts to ensure the operation of all amenities in the Property, such as internet access, cable TV access, appliances, etc. Landlord(s) shall not be held responsible for such items’ failure to work, but will make every effort to correct any issues as reported as quickly as possible. Guest acknowledges that use of some amenities may be potentially dangerous and involve potential risks if improperly used, particularly with regard to children and such use is at the Guest’s own risk.
Guest shall use the Property for residential purposes only and in a careful manner to prevent any damage or loss to the Property, and keep the Property in clean and sanitary condition at all times, so as to avoid additional cleaning fees to be deducted from the Refundable Damage Deposit. Guest and any additional permitted guests shall refrain from loud noise and shall not disturb, annoy, endanger, or inconvenience neighbors, nor shall Guest use the Property for any immoral, offensive or unlawful purposes, nor violate any law, association rules or ordinance, nor commit waste or nuisance on or about the Property.
DEFAULT: If Guest should fail to comply with the conditions and obligations of this Agreement, Guest shall surrender the Property, remove all Guest’s property and belongings and leave the Property in good order and free of damage. No refund of any portion of the Total Rental Fee shall be made and if any legal action is necessary, the prevailing party shall be entitled to reimbursements from the other party for all costs incurred.
ASSIGNMENT OR SUBLEASE: Guest shall not assign or sublease the Property or permit the use of any portion of the Property by other persons who are not family members or guests of the Guest and included within the number of and as permitted occupants under this Agreement.
RISK OF LOSS AND INDEMNIFICATION: Guest agrees that all personal property, furnishings, personal effects and other items brought into the Property by Guest or their permitted guests and visitors shall be at the sole risk of Guest with regard to any theft, damage, destruction or other loss and Landlord(s) shall not be responsible or liable for any reason whatsoever.
Guest hereby covenants and agrees to indemnify and hold harmless Landlord(s), Rental Agent and their agents, owners, successors, employees and contractors from and against any costs, damages, liabilities, claims, legal fees and other actions for any damages, costs, attorneys fees incurred by Guest, permitted guests, visitors or agents, representatives or successors of Guest due to any claims relating to destruction of property or injury to persons or loss of life sustained by Guest or family and visitors of Guest in or about the Property and Guest expressly agrees to save and hold Landlord(s)/Rental Agent harmless in all such cases.
RELEASE: Guest hereby waives and releases any claims again Rental Agent, the Property owner and their successors, assigns, employees or representatives, officially or otherwise, for any injuries or death that may be sustained by Guest on or near or adjacent to the Property, including any common facilities, activities or amenities. Guest agrees to use any such facilities or amenities entirely at the Guest’s own initiative, risk and responsibility.
ENTRY AND INSPECTION: The Landlord(s) reserves the right to enter the Property at reasonable times and with reasonable advance notice for the purposes of inspecting the Property or showing the Property to prospective purchasers, tenters or other authorized persons. If Landlord(s)/Rental Agent has a reasonable belief that there is imminent danger to any person or property, he/she may enter the Property without advance notice.
UNAVAILABILITY OF PROPERTY: In the event the Property is not available for use during the Rental Term due to reasons, events or circumstances beyond the control of Landlord(s)/Rental Agent, the Landlord(s)/Rental Agent will apply due diligence and good faith efforts to locate a replacement property that equals or exceeds the Property with respect to occupancy capacity, location and value that meets the reasonable satisfaction of the Guest. If such replacement property cannot be found and made available, the Landlord(s)/Rental Agent shall immediately return all payments made by the Guest, whereupon this Agreement shall be terminated and Guest and Landlord(s)/Rental Agent shall have no further obligations or liabilities in any manner pertaining to this Agreement.
ADDITIONAL TERMS TO THE RENTAL AGREEMENT: In addition to the standard terms included herein, Guest acknowledges and agrees that the following additional terms and conditions apply to the Guest’s rental of the Property: IN ACCORDANCE WITH MIDDLETOWN, RHODE ISLAND’S SHORT-TERM RENTAL ORDINANCE, THERE SHALL NOT BE MORE THAN 4 INDIVIDUALS WHO ARE UNRELATED RENTING THIS UNIT AT ANY ONE TIME.
GENERAL PROVISIONS: This Agreement contains the entire agreement between the parties with regard to the rental of the Property, and any changes, amendments or modifications hereof shall be void unless the same are in writing and signed by both the Guest and the Landlord(s)/Rental Agent. This Agreement shall be governed by the laws of State of Rhode Island and Providence Plantations. The words “Landlord(s)” and “Guest” shall include their respective heirs, successors, representatives. The waiver or failure to enforce any breach or provision of this Agreement shall not be considered a waiver of that or any other provision in any subsequent breach thereof. If any provision herein is held invalid, the remainder of the Agreement shall not be affected. Any notice required to be given under this Agreement shall be in writing and sent to the contact information included herein. This Agreement may be signed in one or more counterparts, each of which is an original, but taken together constitute one in the same instrument. Execution of a digital signature shall be deemed a valid signature also.
LANDLORD(S) CONTACT INFORMATION:
Teresa M. O’Donnell
Jeffrey D. Burgess
C/O Sea Whale Motel — Office
150 Aquidneck Ave. (Route 138A)
Middletown (Newport East), RI 02842-5610
General Motel #: 401-846-7071
Toll-Free Motel #: 888-257-4096