Rental Terms and Conditions

LEASE AGREEMENT

The Landlord and Tenant agree to lease the Premises and Vessels at the Rent Rate and for the Term stated herein:

LANDLORD: TENANT:

Thorsten Cook

13 Arrow Meadow Road

New Fairfield, CT 06812

203-312-0152 Tel 203-312-0157 Fax

Villa Phone: 284-495-7425

Premises: "South Sound Villa", South Sound, Virgin Gorda, British Virgin Islands

Lease Date: Term:

Beginning: 3:00 PM,

Ending: 10:00 AM, Rent:

BVI Tax: 7% of total $ included

Damage Deposit: $800 refund for no damage to be mailed within one week after lease

Total:

Number of People:____( ?)

Tenant covenants and agrees as follows:

Not to assign this agreement or sublet the demised premises and contents without written consent of the Landlord and or his agent.

To use a credit card or reverse all charges when making any long distance telephone calls on the BVI telephone line. In the event that the tenant shall make any direct, toll, or information calls contrary to this agreement, all such expenses shall become the responsibility of the Tenant. If the tenant elects to use our USA line, then a $15/week charge for 60 minutes of service will be deducted from the deposit. Extra minutes will be charged at .05/minute.

To permit the Landlord or his agents to enter the premises at reasonable hours in the daytime to examine or to make reasonable repairs therein. To make no alterations in or on the premises, not use them for any purpose other than that of a single family residence without the written consent of the Landlord. To repair any and all damages caused by neglect or carelessness of the Tenant, family, household servants, or agents to the demised premises.

At the end or other termination of this lease to make well and sufficient repair, replace or pay for all furnishings, appliances, equipment and other personal property of the Landlord etc. now in the demised premises that shall have been lost, destroyed, broken, or damaged otherwise than by reasonable use and wear thereof during the term. Not to cut or destroy or permit to be cut or destroyed any trees or shrubbery thereon and to quit and surrender the premises and furniture etc. in a good state and condition as they were at the time of taking possession of said premises, reasonable use and wear thereof and damages by the elements excepted.

It is understood and agreed that the Landlord will provide the use of vessels. Off site trailering of vessels by Tenants is prohibited. These vessels are to be used for personal recreational purposes only. The vessels are fitted with all USCG required safety equipment, Tenant should acquaint him/herself with its location and proper use. If any necessary equipment is found to be missing or not functioning properly, Tenant must call the Landlord or caretaker immediately. Swimming or related activities are prohibited from the vessels. Dusk to dawn navigation is restricted. All boat drivers must sign this contract and be 18 years or older. Tenant is responsible for the repair or replacement of the boats in the event that any damage is done, while the Tenant is in possession of them. Tenant agrees to have all occupants of the boats wear life preservers, while using the boats. Tenant assumes risk for all damage or injury to self, passengers and all others while boats are in Tenant=s possession. Tenant agrees to the release and indemnification of Landlord for all liability, expenses, fees and costs incurred. By their signature, all boat drivers are confirming they possess proper training in vessel operation and safety procedures, for the fiberglass boat and other boats. Vessel use while under the influence of alcohol is strictly prohibited. Use of the fiberglass boat/outboard is only allowed when the $300/week payment has been made.

That the maximum daily use or nightly occupancy is limited to ? persons. Any violation of this agreement without consent shall result in a breach of this agreement and the Tenant agrees to immediately vacate the premises and forfeit all rent and security monies.

Tenant agrees to leave the premises in neat condition upon departure. In the event that the required cleaning exceeds the norm, any additional cleaning costs shall be deducted from the security deposit.

To have the premises and contents clean and in order for occupancy of said Tenant at the beginning of the term herein stated. If the Tenant is not satisfied with the cleanliness of the premises upon arrival, then Tenant will so notify Landlord within 24 hours so that appropriate cleaning arrangements can be made.

To make all repairs to the demised premises necessary to maintain them in good condition, provided, however, that such repairs are not the result of neglect or carelessness of the Tenant, family, household servants, or agents. To see that the premises (including plumbing, heating and lighting apparatus, and roof) are in good condition and free from leaks. To allow said Tenant, on paying the rent and performing the covenants and agreements herein contained, to quietly enjoy the demised premises, furniture, furnishings, etc. for the term hereby granted.

That in case said premises shall be partially destroyed by fire or other, the same shall be repaired as speedily as possible at the expense of the Landlord. In case the damage be so extensive as to render the premises untenantable, due allowances of rent shall be made for such time as the premises are untenantable. In case of total destruction of the premises by fire or otherwise, the rent shall be apportioned prorate up to the time of destruction and any rental paid over such apportionment shall be paid to the Tenant and the lease shall be terminated at the time of such destruction provided, however, that such damage or destruction be not caused by carelessness, negligent or improper conduct of the Tenant, family, household servants or agents.

Landlord acknowledges the payment of $800.00 as a security deposit (due at least 60 days before the start of the rental along with the second half of the rent) which may be used by the Landlord at the time the unit is vacated by the Tenant on account of breach of any covenant in this lease or toward reimbursement of the cost of repairing any intentional or negligent damages to the premises beyond normal wear and tear caused by the Tenant, his family, dependents or guests, or charges for cleaning not performed prior to vacating or other charges owed by Tenant. If the Landlord finds that the Tenant had more guests than were specified in this contract, part or all of the deposit will be kept.

Landlord agrees the balance, after payment of items as provided for above, if any, shall be returned along with an itemized statement of those costs to the Tenant within a reasonable period after Tenant vacates premises. This security deposit is not an advance payment of rent.

In the event a dispute arises pertaining to the security, the broker will continue to hold the security until the disagreement is settled between the parties or by means of legal action. It is agreed that the covenants and agreements herein contained shall bind the parties hereto, their heirs, assigns, or legal representatives. In witness whereof the said Landlord and the said Tenant have hereunto set their hands and seals the day and year mentioned.

Landlord acknowledges the payment of one half the total rental fee (due immediately) as a reservation deposit. This reservation deposit is not refundable unless a suitable replacement tenant is found (by either party), in which case the deposit will be refunded less a processing fee of $100.

Tenant agrees that he has read and understood the attached “Rental Terms and Conditions”

Tenant is acting as the legal agent for all of the persons in the rental party and is signing for all as agent.

50% of the rent is due within 14 days of booking to confirm your reservation. The balance of the rent, including the $800 damage deposit is due 60 days prior to your arrival. No shows, late arrivals, change in number of persons, and early departures after arrival are non‑refundable. (see hurricane policy, below) No refunds will be granted unless there is a problem which cannot be cured within 24 hours, and which causes the Guest extreme and undue discomfort or serious inconvenience. Guests who abandon the villa without authority agree they have no rights to compensation.

There is no refund unless the property can be re‑booked for the same rate and time. We will credit you for a future booking without penalty, if a cancellation is necessary. We strongly suggest you purchase travel insurance to cover your costs in the event you are forced to cancel.

Damage deposits are refunded within 2 weeks of your departure, provided there is no breakage, damage, missing items, long‑distance calls charged to the villa's telephone or extraordinary clean up.

The owner of the South Sound Villa assumes no liability for property loss or damages; nor liability for injury, accidents, delay, or irregularity which may be occasioned either by reason of defect in any vehicle or the acts of any company or persons engaged in conveying passengers to or from the villa. Transportation (airlines, rental cars and taxis) are supplied by providers who operate independently of the South Sound Villa and the owner assumes no responsibility for any loss, injury, or damage to person or property because of the acts of those providers. Guest(s) shall indemnify and hold harmless the South Sound Villa or it's owner for any claims for personal injury or property damage arising from the vacation rental. It is expressively understood and agreed by both parties that any dispute or claims are subject to the Laws of the British Virgin Islands and must be adjudicated exclusively by the Courts of the British Virgin Islands. Guests are responsible for the villa and it's contents during occupancy.

In the event of a pending hurricane, all guests MUST vacate the Villa when instructed to do so by the owner of the South Sound Villa or its staff. (Any unused rent and taxes will be refunded). It is the sole responsibility of the guest to secure other lodging or change airline tickets for an early departure. Our staff will instruct you where to go during the hurricane and when you can return to the villa if you decide to stay on‑island.

Smoking is not permitted inside the villa. Please limit smoking to outside decks and patios and place all cigarette butts in ashtrays and garbage receptacles.

The South Sound Villa will make every effort to keep the villa and its inventories in good working order. In case of a maintenance problem, we will strive to repair the problem as soon as possible after being notified. However, no refund or rate adjustment will be made for unforeseen mechanical failures such as the supply of electricity, water, pool filtration systems, telephone, television, internet service, appliances, etc. The use of the fiberglass dinghy and engine, scuba gear, kayaks or the sailboard is complementary and is not a cause for a refund should it not be available or requiring maintenance. It is the Guest's obligation to report any problems or damage IMMEDIATELY to the owner of the South Sound Villa or its staff.

The South Sound Villa staff may enter the villa to perform any repairs as necessary. We may show the villa to other clients but only with your approval.

The South Sound Villa reserves the right to substitute like or better accommodations without liability, should the villa be deemed not usable by us for any reason. If comparable accommodations are not available, Guest may receive a complete refund of all monies paid for the original Villa.

Guests and members of their party shall not use or permit to be brought into any villa any illegal substances or articles deemed hazardous to life, limb or property.

The total number of persons allowed in the villa at any one time is restricted to the number of persons scheduled and paid for. Should a group misrepresent themselves, they will be required to pay for the excess persons immediately, or vacate the villa without refund. Exceptions are made only for infants; if sleeping in a baby crib, they are NOT included in the villa's total count.

The South Sound Villa maintains an atmosphere for the quiet enjoyment of Guests. We rent to family groups and responsible adults only; absolutely NO house parties or functions such as weddings are allowed without advance permission. Guests shall be sufficiently quiet and peaceful, so as not to disturb other residents of the area.

GRATUITY GUIDELINES:
$25-$50 per week. Gratuity should reflect any special requests, and a thank you for excellent service with a smile and a job well done.