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Terms

SHORT-TERM RENTAL AGREEMENT

This Short-Term Rental Agreement (“Agreement”) is for rental of the vacation rental property (“Premises”), as specified in the confirmed reservation (“Reservation”). This Agreement is between Mergo STR Management LLC, a Massachusetts limited liability company, with an address at PO Box 171435 Boston, MA 02117 (“Property Manager”), as an agent of and on behalf of the Owner of the Premises, and the person(s) who are the responsible renter(s) of the Premises (collectively, and jointly and severally, “Renters”). 

By booking the Premises, Renters acknowledge that they have read and understand, and agree to be bound by, all terms, conditions, and policies in this Agreement, including all Premises-specific terms. As referred to herein, the “Term” of this Agreement shall cover the dates of the rental, as specified in the Reservation, the first date of which shall be the “Commencement Date”, and the last date of which is the “Vacate Date”. Certain jurisdictions, resorts, and specific homes may require Renters to agree to agree to additional terms and conditions; Property Manager shall inform Renters during the reservation process of any such additional terms and conditions that apply to the rental of the Premises. Where Renters have booked through a third-party hosting / booking channel or platform (“Third-Party Platform”), the booking may be subject to that Third-Party Platform’s own terms and conditions. 

  1. Rental Term.  Renters are hereby granted a temporary right to use and occupy the Premises and the land upon which the Premises is located (“Property”), subject to the terms of this Agreement. Renters, together with their invitees and all other guests on the Premises, regardless of the length such persons or guests actually stay at the Premises and regardless of whether they stay overnight at the Premises (collectively, “Occupants”), shall not use the Premises for any purpose other than occupying the Premises for vacation purposes for the above-stated Term only. Renters agree that no more than number of Occupants designated in the Reservation shall be permitted on the Premises at any time during the Term, all of whom shall comply with the conditions and terms of this Agreement. The number of Occupants allowed in the Premises under this Agreement shall be agreed upon between Property Manager and Renters at least forty-eight (48) hours prior to Occupants’ arrival at the Premises. There shall be an additional charge of $25.00 per additional Occupant, per night, for each additional. A final headcount of all Occupants must be provided to Property Manager. Property Manager and Renters (each a “Party” and collectively, “Parties”) agree and acknowledge that this Agreement does not constitute a residential lease or easement, but only a revocable agreement for the purposes of vacation rental, and that no interest in real property or residential tenancy rights are created or intended to be created by this Agreement.
  2. Premises.  Renters explicitly agree to take the Premises in its “As-Is” condition, without any further obligation whatsoever on the part of Owner and/or Property Manager to make the Premises ready for occupancy with respect thereto. Property Manager shall use reasonable best efforts to ensure the operation of all amenities in the Premises (e.g. internet access, satellite or cable TV, hot tubs, and/or fireplaces, as may be applicable); in no event shall Property Manager be held responsible for the functionality or useability of any amenities, but will make commercially reasonable efforts to correct any issues that may be reported during the Term. Renters acknowledge that Occupants’ use of certain amenities, including but in no way limited to, hot tubs, pools, spas, fireplaces, firepits, decks, outdoor areas, and the like, may be off limits and/or potentially dangerous and involve potential risks if improperly used, particularly with regard to children. Use of all amenities is at Occupants’ sole risk. In all events, Renters shall assume full and sole responsibility for all injuries that occur during the Term and/or on the Premises; neither Owner nor Property Manager shall be liable for any injuries that take place on the Premises or the Property. Renters shall ensure Occupants do not alter the Premises or the Property in any manner. 
  3. Rental Fee. The “Rental Fee” shall be as stated in the Reservation and includes the applicable state and municipal tax and fee rates set as of the date of this Agreement; to the extent the amounts or rates of such taxes and fees are adjusted or changed by the Commonwealth of Massachusetts or the applicable municipality prior to the Term, Renters shall promptly pay any increase to Property Manager immediately upon receipt of notice or, in the event of a decrease to the taxes and fees, Property Manager shall remit the excess to Renters. 

Renters hereby authorize Property Manager to charge their provided payment method for the Rental Fees and all other charges set forth in this Agreement pursuant to the set payment scheduled within the booking platform. Credit / debit card charges processed by Property Manager will be processed as charges from “MergoSEH Vacation Rental Payment.” The Third-Party Platform may charge its booking fees as a separate transaction to the payment schedule set by Property Manager. Renters consent to the placement of an authorization hold at the Commencement Date, as may be applicable, to their credit / debit card to cover incidentals. 

  1. Use of Premises. Renters shall be responsible for all use of the Premises by Occupants and any persons Occupants may allow on the Premises. Renters shall ensure Occupants and such other persons: (i) comply with all standards of health, sanitation, fire, housing, and safety as required by law; (ii) use and keep the Premises (including all systems servicing the Premises) in as good condition as the same is delivered at the Commencement Date, reasonable wear and tear and damage by insured casualty excepted; and (iii) do not alter or remove any property, fixture, or feature of the Premises. Renters shall be responsible for all damage to the Premises, the Property, and within 7 feet of the Property lines. Renters shall fully save Property Manager harmless from any loss, cost or damage resulting from any breakage or the replacement of the utilities, furniture, fixtures, and/or property contained within the Premises or located on the Property.
  2. Disturbance; Illegal Use. Renters shall ensure Occupants and any persons Occupants may allow on the Premises do not make or suffer any unlawful, dangerous, immoral, noisy, disturbing, annoying, inconvenient, or otherwise offensive use of the Premises or Property, nor commit or permit any nuisance to exist thereon, cause damage to the Premises or Property, or create any substantial interference with the rights, comfort, safety or enjoyment of others and/or neighboring properties.
  3. Insurance. All personal property located at or placed in the Premises and/or the Property shall be at Occupants’ sole risk and hazard; Occupants assume all responsibility for such personal property with regard to any theft, damage, destruction, or other loss. In the event any loss or damage occurs to such personal property, no part whatsoever is to be charged or borne by Property Manager or Owner and neither Property Manager nor Owner shall be responsible or liable for any reason whatsoever. Renters understand and agree that, at Occupants’ sole election and expense, Occupants may obtain their own insurance policies covering their personal property and/or their use and occupancy of the Premises. 
  4. Revocation and Termination; Vacating the Premises. This Agreement is revocable by Property Manager, at any time and immediately upon notice to Renters, in the event (i) that Renters fail to pay the Rental Fee upon executing this Agreement or (ii) if Occupants breach or default upon any obligation or term set forth in this Agreement. Renters specifically acknowledge that Occupants are not tenants and have no property or possessory rights in or to the Premises, but only a revocable right to use and occupy the Premises for vacation purposes. In all events this Agreement shall terminate on the Vacate Date. Renters shall cause all Occupants and any persons Occupants may allow on the Premises to fully vacate and return the Premises to Property Manager on or before the Vacate Date, or the date of revocation or termination of this Agreement, whichever happens first, in the same condition and repair as provided at the Commencement Date (reasonable wear and tear and insured casualty excepted), removing all persons and personal property from the Premises. As of the Vacate Date, or upon revocation or termination of this Agreement, Occupants shall cease to have any right in or to access or possess the Premises.

In the event this Agreement is revoked and/or terminated before the Commencement Date and the Premises is re-let for the same dates set forth in the Term, Renters shall be subject to a fifteen percent (15%) cancellation fee; Renters hereby authorize Property Manager to deduct such cancellation fee from the Rental Fee prior to any return to Renters. In the event this Agreement is revoked and/or terminated and is not re-let or is revoked and/or terminated at, or any time after, the Commencement Date, Renters shall forfeit the Rental Fee and shall not be entitled to any return, refund, and/or credit.

  1. Liability Indemnity. Notwithstanding anything to the contrary contained in this Agreement, Property Manager and Owner, and their respective representatives, members, officers, directors, employees, agents, servants, subsidiaries, successors, assigns, legal entity associated with and/or acting on their behalf, lenders, mortgagees, ground lessor beneficiaries, and/or contractors (collectively, “Indemnitees”), shall not be liable for any damages or injury to person or property or resulting from the loss of use thereof sustained by Occupants, or anyone having claims through or on behalf of Occupants, based on, arising out of, or resulting from, any cause whatsoever, including but not limited to, any use of the Premises or the Property or becoming due out of repair, or due to the occurrence of any accident or event in or about the Premises or the Property, or due to any act or neglect of Indemnitees or any tenant or occupant of the Premises or any other person. Notwithstanding the foregoing provision of this Section, Indemnitees shall not be released from liability to Renters for any physical injury to any natural person caused by Indemnitees’ gross negligence or willful misconduct to the extent such injury is not covered by insurance either carried by Renters (or Occupants), provided that Indemnitees shall not, under any circumstances, be liable for any exemplary, punitive, consequential or indirect damages (or for any interruption of or loss to business). Notwithstanding anything to the contrary set forth in this Agreement, if Occupants or anyone having claims through or on behalf of Occupants is awarded a judgment or other remedy against Indemnitees, the recourse for satisfaction of the same shall be limited to execution against Property Manager’s interest in this Agreement. No other asset of Indemnitees’ shall be available to satisfy, or be subject to, such judgment or other remedy, nor shall any such person be held to have any personal liability for satisfaction or any claim or judgment. The provisions of this Section shall survive any revocation, termination or expiration of this Agreement.
  2. Waiver of Claims. Occupants hereby release and waive any and all claims against the Indemnitees for injury or damage to person, property or business of every kind, nature and description, sustained in or about the Premises or the Property by Occupants or anyone claiming under Occupants, other than by reason of gross negligence or willful misconduct of the Indemnitees and except in any case which would render this release and waiver void under applicable law.
  3. Indemnification. Renters shall indemnify, defend (by counsel acceptable to Property Manager), release, protect, and hold the Indemnitees harmless from and against any and all demands, claims, liabilities, losses, costs, expenses, actions, causes of action, damages, suits or judgments, and all reasonable expenses (including reasonable investigative fees, consulting fees, attorneys’ fees, charges and disbursements, regardless of whether the applicable demand, claim, action, cause of action or suit is voluntarily withdrawn or dismissed) incurred in investigating or resisting the same (collectively, “Claims”) of any kind or nature that arise before, during, or after the Term, arising out of or related to: (i) the use or occupancy of the Premises by Occupants or anyone claiming by, though, or under Occupants; (ii) the failure by Occupants or anyone claiming by, though, or under Occupants to comply with any term, condition, or covenant of this Agreement, including, without limitation, Occupants’ obligation to surrender the Premises in the condition herein required; (iii) the negligence or willful misconduct of Occupants, their agents or anyone claiming by, through or under Occupants; (iv) the existence of hazardous materials on, under or about the Premises to the extent caused, stored, released, discharged or introduced by Occupants or their agents; (v) property damage, bodily injury, sickness, disease, death, or injury sustained by any person or damage to any property to the extent caused by the negligence, recklessness or willful misconduct of Occupants or their agents; and (vi) the violation of any relevant laws by Occupants or anyone claiming by, through, or under Occupants during the Term and/or while Occupants occupy the Premises.
  4. Transfer; Assignment. Renters acknowledge that they and Occupants are prohibited from sublicensing and/or leasing or subleasing any part of the Premises to any other person without Property Manager’s prior written consent, which Property Manager may withhold in its sole discretion. Renters shall not assign, encumber or transfer this Agreement, or any part of it, or its right or interest in it. Property Manager may transfer and assign this Agreement in its sole discretion.
  5. Unavailability of Premises; Refunds. In the event the Premises is unavailable for use during the Term due to reasons, event, or circumstances beyond the control of Property Manager, Property Manager shall use commercially reasonable efforts to locate an available replacement premises that equals or exceeds the Premises with respect to capacity, location, and value. If such replacement premises cannot be located or made available, this Agreement shall immediately terminate and all previously paid sums, less the applicable Third-Party Platform fees, booking fees and taxes, shall be refunded to Renters and neither Party shall have any further rights or obligations hereunder. Renters shall not be entitled to any return, refund, or credit in the event the Term is cut short and/or Occupants elect to vacate the Premises prior to the Vacate Date, for any reason whatsoever. 
  6.  Miscellaneous.
  1. Attorneys’ Fees. In the event of any litigation or alternative dispute resolution process between the Parties, whether based on contract, tort, or other cause of action or involving bankruptcy or similar proceedings, in any way related to this Agreement, the non-prevailing Party shall pay to the prevailing Party all reasonable attorneys’ fees and costs and expenses incurred by the prevailing Party in connection with any action or proceeding (including arbitration proceedings, any appeals and the enforcement of any judgment or award), whether or not the dispute is litigated or prosecuted to final judgment. The “prevailing Party” shall be determined based upon an assessment of which Party’s major arguments or positions taken in the action or proceeding could fairly be said to have prevailed (whether by compromise, settlement, abandonment by other Party of its claim or defense, final decision after any appeals, or otherwise) over the other Party’s major arguments or positions on major disputed issues. Any fees and cost incurred in enforcing a judgment shall be recoverable separately from any other amount included in the judgment and shall survive and not be merged in the judgment.
  2. Authority. Each person executing this Agreement on behalf of a Party hereto represents and warrants that he or she is authorized and empowered to do so and to thereby bind the Party on whose behalf he or she is signing.
  3. Age of Consent. Renters hereby confirm that they have each reached the age of at least twenty-five (25), or such minimum age as may be required by law (“Age of Consent”). Renters agree to provide Property Manager with proof of age upon request. A parent or legal guardian must accompany all guests who are under the Age of Consent for the entire duration of the Term. 
  4. Captions and Counterparts. All captions and headings in this Agreement are for the purposes of reference and convenience and shall not limit or expand the provisions of this Agreement. This Agreement may be executed in any number of counterparts, each of which shall be deemed to be an original and all of which taken together shall comprise but a single instrument.
  5. Entire Agreement. This Agreement contains all of the covenants, conditions and agreements between the Parties concerning the Premises, and shall supersede any and all prior correspondence, agreements and understandings concerning the Premises, both oral and written. No addition or modification of any term or provision of this Agreement shall be effective unless set forth in writing and signed by both Parties.
  6. Additional Fees; Costs. Renters shall be charged applicable cleaning fees and other fees and costs in the event the Premises and/or the Property is damaged while Occupants occupy the Premises. Such fees and costs may be assessed to cover expenses incurred by Property Manager for additional cleaning, trash removal, and property damage. In all events, Renters shall be liable to Property Manager for all losses and/or damages resulting from any breakage or the replacement of the utilities, furniture, fixtures, amenities, and/or property contained within the Premises or located on the Property, and all losses and/or damages, direct or indirect, suffered by Property Manager and/or Owner as a result of Occupants use of the Premises, of any nature or kind.
  7. Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the Commonwealth of Massachusetts. The Parties hereby submit to the exclusive jurisdiction of the Commonwealth of Massachusetts and agree the applicable state and federal courts located in Suffolk County, Massachusetts, shall be the place of adjudication of any disputes and/or claims between the Parties under this Agreement, and the service or process by any means authorized by such court.
  8. Addendum and Exhibits. All addenda and any exhibits, schedules, and riders attached to this Agreement are incorporated herein by this reference and made a part hereof; any reference to the Agreement shall mean this Agreement, together with all addenda and any exhibits, schedules, and riders.
  9. Waiver of Trial by Jury. RENTERS HEREBY WAIVE ANY AND ALL RIGHTS THEY AND/OR OCCUPANTS MAY HAVE UNDER APPLICABLE LAW TO TRIAL BY JURY WITH RESPECT TO ANY DISPUTE WITH ANY INDEMNITEES ARISING DIRECTLY OR INDIRECTLY IN CONNECTION WITH THIS AGREEMENT, THE PREMISES OR THE PROPERTY. NOTHING CONTAINED IN THIS SECTION SHALL BE CONSTRUED AS A WAIVER BY PROPERTY MANAGER OF ANY OF ITS RIGHTS TO TRIAL BY JURY IN CONNECTION WITH THIS AGREEMENT FOR ANY CLAIMS OR CAUSES OF ACTION SO TRIABLE.
  10. Successors and Assigns. This Agreement shall be binding upon, and shall inure to the benefit of the Parties’ respective representatives, successors and assigns.
  11. Access. Property Manager reserves the right to enter the Premises at reasonable times and upon reasonable prior notice to Renters (except that in case of emergency, in which case no notice shall be necessary) in order to inspect the Premises and/or the performance by Renters of the terms of this Agreement or to exercise Property Manager’s rights or perform Property Manager’s obligations hereunder.



RENTERS UNDERSTAND AND ACKNOWLEDGE THAT RIGHTS UNDER THIS AGREEMENT ONLY CONSTITUTE A RIGHT FOR USE OF THE PREMISES FOR TEMPORARY VACATION PURPOSES AND DO NOT INVOLVE THE GRANT OF ANY INTEREST IN REAL ESTATE OR RESIDENTIAL TENANCY RIGHTS. RENTERS SPECIFICALLY DISCLAIM ANY RIGHTS TO SUMMARY PROCESS AND, PROVIDED THAT PROPERTY MANAGER COMPLIES WITH THE OBLIGATIONS HEREUNDER, EXPLICITLY PERMITS PROPERTY MANAGER TO USE SELF-HELP REMEDIES, PROVIDED THAT SUCH SELF-HELP REMEDIES DO NOT BREACH THE PEACE.

ADDENDUM

It is understood that this Addendum is incorporated into the Short-Term Rental Agreement and all related agreements, attachments, and/or addenda thereto:

General Rules:

  • Check-in and Check-Out Times are as stated in the Reservation.
  • Renters are obligated to provide a final headcount of Occupants to Property Manager forty-eight (48) hours prior to Occupants’ arrival at the Premises. The maximum number of Occupants permitted on the Premises is the number of Occupants designated in the Reservation. Renters who permit access to the Premises by unauthorized Occupants shall be subject to a $50.00 per extra person, per night, fee. 
  • Upon arrival, Renters are required to timely and immediately notify Property Manager if there is anything amiss; Renters otherwise accept responsibility for all un-notified conditions in accordance with the terms of the Agreement. 
  • In the event of any incident of damage or any accident during the Term, Renters shall immediately notify Property Manager in writing of the incident, damage, and/or accident. 
  • NO parties, no partying, or general rowdiness of any of any size or type at any time. 
  • Music cannot be played outside on the Property above conversation-level at any time; all music must be turned off by 8:00 PM every evening. Music must be immediately turned off upon request from neighbors.
  • Occupants must vacate all exterior spaces on the Property by 9:00 PM each evening. 
  • NO smoking allowed on the Premises or the Property, or within fifty (50) feet of the Property. 
  • Many rentals are not pet friendly. NO pets are allowed without prior written permission from Property Manager. Subject to advance written approval, and to the extent permitted on the Premises, Occupants shall be permitted to bring up to two (2) dogs on to the Premises, subject to an additional cleaning fee, per dog. Service and support animals are not considered pets.
  • NO use of seasonal amenities (e.g., kayaks, outdoor shower, beach chairs, etc.) during the off-season (the day after Labor Day through Memorial Day each year).
  • NO clothing, sanitary products, napkins, dental floss, toys, tools, gum, or anything other than the standard toilet paper is allowed down the toilet.
  • NO usage or setting off fireworks, sparklers, bottle rockets, or similar devices.
  • NO setting fires of any kind within the Premises or on the Property.
  • NO arrangement for packages to be delivered to the Premises without prior written approval from Property Manager.
  • Damage: Your rental includes an accidental reported damage waiver fee up to a maximum of $800. Therefore, the cost to repair any ACCIDENTAL and REPORTED damage to the rented property including any missing or broken items up to a maximum of $800 will be covered at NO CHARGE to you AS LONG AS the damage is reported to your Host before you depart. Any damage we deem to be purposeful or negligent or damage not reported will be charged to you. Please report any damage that you notice when you check-in to avoid getting charged for damage you didn’t create. ACCIDENTAL and REPORTED damage waiver does not cover any damage related to pets, pool, or hot tubs when applicable to the rental you have booked. 
  • The Premises may have outside security cameras, which are only used to view the outside of the Premises and the Property; such security cameras are capable of recording video and audio and may have such features activated during the Term. Occupants shall NOT remove, alter, or otherwise utilize the security cameras. The presence of security cameras shall never constitute a sense of security or that if rules are not being followed that Occupants are released from their obligations and responsibilities set forth under the Agreement.


If any of these rules are found to be violated, Property Manager shall have the right to immediately terminate the Agreement, without notice or opportunity for Occupants to cure, and require Occupants to immediately vacate the Premises in accordance with the terms of the Agreement.