Terms & Conditions

This Lodging Agreement is entered by and between Win-Le Vacations and Guest as identified at time of booking.

1. LICENSE
Agent is acting exclusively as the representative of the Owner of the Property. Agent has been hired and compensated by Owner for the services rendered and will be representing the best interest of the Owner in all negotiations regarding this Rental Agreement. Owner of the Property, by its Agent, in consideration of payments provided for herein, does hereby grant a revocable license to Guest for the period set forth at time of booking to occupy the Property subject to the following terms and conditions.

2. TERM OF OCCUPANCY
Commencement Date of this license shall be Check-in Time on the Arrival Date and End Date shall be Check-out Time on the Departure Date. Term of Occupancy is subject to Guest abiding by all Terms and Conditions set forth herein.

3. ACCEPTANCE OF AGREEMENT and ASSIGNMENT
a. This Agreement must be signed by the Guest and returned to Agent within 24 hours or Agent reserves the right to cancel this Agreement. The Guest signing this Agreement must be the person to check-in or Agent has the right to refuse occupancy. Guest must occupy Property for the duration of this Agreement and will be responsible for all occupants of the premises for the duration of this Agreement.
b. Assignment of this Agreement or subletting the Premises is strictly prohibited and will cause immediate termination of this License.

4. PAYMENTS
a. The Amount Due shall be as indicated at time of booking for the period set forth at time of booking.
b. Agent must receive payment in full 30 days prior to the scheduled Arrival Date, or at time of booking (if less than 30 days prior to Arrival Date). Guest shall not be entitled to possession of Property until all monies due are paid to Agent. Personal and/or electronic checks must be received by Agent 45 days prior to scheduled Arrival Date.
c. Returned checks will not be re-deposited by Agent. Guest will be responsible for amount of the returned check plus a $30.00 Returned Check Fee payable to Agent. Guest must replace check with certified funds, or the reservation will be canceled.
d. For rental monies paid by credit card, Cardholder acknowledges receipt of goods and/or services for the Property & terms stated on this Agreement and agrees to perform the obligations set forth in the Cardholder agreement with the issuer. To make your final payment, please contact Win-Le Vacation Rentals.

5. CANCELLATION POLICY
Receipt of Deposit is considered confirmation of reservation and the Cancellation Policy will apply at that time. Guest must submit a written request to Agent to cancel Agreement.

a. Guests may cancel their reservation up to 60 days prior to arrival with no penalty.

b. If Guest cancels between 30 and 60 days before check-in, Guest will receive a 50% refund of monies paid.

c. If Guest cancels less than 30 days prior to arrival, there will be no refunds.

d. Agent may cancel Agreement if Guest does not check-in within 24 hours of the Arrival Date and Guest will forfeit all rental monies paid.
e. A transfer to another property, at Guest’s request, is subject to the Cancellation Policy shown above.
f. No refunds will be issued for inclement weather, including hurricanes, early departures, event cancellations, or activities beyond Owner or Agent control.

g. Travel Insurance, if purchased, is non-refundable at any stage of cancellation.

6. DAMAGE PROTECTION POLICY
A non-refundable Damage Protection Policy of $99 is required for each reservation. Guest agrees to provide Agent with a valid credit card to be held on file. Guest certifies that Guest has read and agrees to abide by the terms of this Agreement and agrees to pay, and authorizes Agent to charge, any rental amounts, taxes, extra cleaning, missing property, fines, or charges pertaining to violations, and any damages not covered by the Damage Protection Policy.
a. Damage Protection Policy covers accidental damage, as determined by, and at the sole discretion of, the Agent.
b. Damage Protection Policy will cover accidental damage up to, but not to exceed, $2,500. In the event of intentional/negligent damage, the Guest will be responsible for all costs in their entirety. Agent is hereby authorized by Guest to charge such costs of repair and/or replacement to the credit card on file. The Cardholder’s credit card on file will be charged for the full cost of repairing or replacing any damaged or missing items and lost rent. Certain terms and conditions apply. If damaged item(s) are deemed by Agent to be intentional or caused by negligence, regardless of amount, reimbursement will not be covered by the Damage Protection Plan and will be deducted from the Guest’s credit card. The Damage Protection Policy does not cover missing items or damage from pets, fleas, smoking, or other remediation.
c. If there are damages from negligence or extensive cleaning charges are incurred in the Property, the damages will be collected from the Cardholder’s Credit Card. Additionally, Guest hereby authorizes Agent to charge the credit card for the cost of any repairs, replacement, services, cleaning, or charges for all damage, breaking and/or carpeting, as elected and deemed necessary at the sole discretion of the Agent. Guest hereby agrees to be responsible for any loss of use/income that Property Owner incurs as a result of damage. Documentation detailing damages, loss of use, and a list of repair expenses, will be provided to Guest and Owner.
d. Toilets shall not be used for any purpose other than that for which they were constructed, and no sweepings, sanitary products, diapers, rubbish, rags, or garbage is permitted to be placed therein. Any sewage line clog caused by Guest shall be repaired at the Guest’s expense. Guest will reimburse Owner for any damage caused by escape or overflow of water.
e. If Property becomes uninhabitable by reason of fire or other casualty not caused by the negligence of Guest, his family, or his guests, the Agreement hereunder shall be terminated and Guest shall be entitled to a pro-rate refund from Owner.

7. DUTIES & OBLIGATIONS
a. By making this reservation, Guest agrees that all Guest's invitees will conduct themselves in a safe and responsible manner and are assuming the risk of any harm arising from their use of the Property. Agent and Owner are not responsible for any accidents, injuries, illness, or allergic reactions that may occur while on the premises or use of its facilities/amenities. The Property and the facilities are exclusively for the use and enjoyment of the Guest and the Guest’s invitees to the maximum occupancy allowed. Guests and Guest’s invitees agree to abide by the covenants, conditions, restrictions, rules, and regulations of the property and the building or community in which it resides. Parking is often restricted to permit parking only. Some buildings/communities require additional fees for parking or use of amenities. Agent is not responsible for illegally parked vehicles. Parking of trailers of any type is not permitted on the common area of the Property or public streets. The Guest and Guest’s invitees use of the premises and/or its facilities is at their own risk. The Agent and Owner are not responsible for the loss or theft of personal belongings or valuables of the Guest and Guest’s invitees.
b. Agent and Owner shall not be responsible for breakdown of appliances, electronics, pools, other recreational amenities or special features, failure of a system, or failure of utility outside of their control. This shall include, but is not limited to, air conditioning, water, sewer, septic, electrical, gas, plumbing, mechanical, heat pump, ventilating, structural systems, furnishings, power outages, cable/internet outages, construction work in the area, or any accident, injury, damage, death, loss of vacation expense, inconvenience, loss of wages, distress or frustration (whether physical or mental), or losses due to mechanical breakdowns, government actions, fire, war, noise and/or driving inconveniences, pandemics, acts of God, delay or cancellation of travel due to inclement weather, theft, strikes, terrorism, threat of terrorism, or other circumstances beyond the control of the Agent and Owner.
c. Occupancy limits and age limits are clearly specified for each Property. Compliance with these limits is compulsory. Breaking occupancy limits will result in additional fees and/or removal of any persons over the approved occupancy limit or termination of the Rental Agreement. In the occurrence of termination of the Agreement, no refunds are warranted as all payments are non-refundable and retained as liquidated damages. Bedding configuration is not guaranteed.
d. Please let us know if anything at the home/unit stops operating properly during your stay. Agent/Owner will take reasonable steps to ensure that equipment is in working order as quickly as possible.
e. Agent, Owner, or their service provider may enter the premises at reasonable times to examine, protect, make repairs/alterations, or in emergency situations. Guest will provide access upon request.
f. If the Property becomes unavailable or unsuitable for rent for any reason whatsoever, including but not limited to, casualty loss, physical deterioration, or loss of utility services, the Agent will make every effort to relocate the Guest to comparable accommodations as determined, and at the sole discretion of, the Agent. Unfortunately, Agent cannot control inclement weather, health issues, beach conditions, and/or flooding; as such, no refunds will be provided due to these unexpected and uncontrollable events.

8. GUEST RESPONSIBILITIES
Upon arrival, Guest agrees to examine the Property and all conditions they deem important, including furnishings, appliances, fixtures, and cleanliness, and will immediately report to Agent if any are not in operating condition or are in disrepair. Guest acknowledges that unless Agent is notified of such damages or concerns within 2-hours of check-in, all damages and lost or missing items at the Property during Guest’s occupancy will be Guest’s responsibility. Guest shall not be entitled to any refund for any appliance or HVAC issues that occur during their stay. Agent, however, upon being notified of any malfunction will make every reasonable effort to have appliances and systems repaired or replaced (as deemed necessary, and subject to availability).

9. PRE-INSPECTION OF PROPERTY
Guest may inspect property prior to paying a deposit and signing an Agreement, if arranged through Agent with proper notice. If Guest chooses to inspect Property, then Guest agrees to accept Property as-is upon arrival and will not be entitled to a refund of rent money and will have no claim or recourse against Owner or Agent.

10. CHECK-IN TIME
The anticipated time by which the Property will be ready is 3PM EST. Every effort is made to ensure the Property is ready by check-in time, but we cannot guarantee the exact time of occupancy due to unforeseen circumstances. Property is cleaned between 10AM and 3PM, but may occur as late as 6PM. If Agent notifies Guest of such, Guest agrees to allow reasonable access to cleaners when they arrive. Please do not attempt to check-in or visit the home/unit prior to notification that the home has been cleared for check-in. Please follow the check-in instructions you are given. By not following the provided instructions, you may cause your check-in time to be delayed.

11. LATE ARRIVALS
Any Guest checking in after 5PM may leave any concerns with property condition on Agent’s office voicemail or submit to Agent via email at info@winlevacations.com. Agent will contact Guest during next upcoming business hours.

12. CHECK-OUT
Check out time is no later than 10AM EST. A post-occupancy inspection will be performed. Guest shall leave the Property in the same general condition as when Guest checked-in. If the Property is left in poor condition by Guest and additional cleaning is required, fees will be charged to Guest’s credit card on file. Guest will be liable for any additional costs incurred, including, but not limited to, the cost of supplying alternative accommodations for new guests intending to occupy the Property. Guest agrees to complete the following before vacating Property: 1) Clean and store all dishes and cookware; 2) Empty all food from refrigerator; 3) Make all beds; 4) Return furniture to its original placement; 5) Collect all trash and dispose of in building/community receptacles. All occupants must vacate Property, return all keys, pool tags, and parking permits to Agent by 10AM EST. Guest is responsible for Property until all keys, pool tags, and parking permits are returned. Guest is subject to replacement fees for items not returned within a timely manner or additional rent if Property is not vacated according to the Terms of this Agreement.

13. OCCUPANCY
Guest understands and agrees that Property shall be occupied by no more than the number of individuals indicated on the reservation confirmation. Guest assumes responsibility for the actions of Guest’s invitees and acknowledges that any guests over the maximum occupancy constitutes a breach of agreement and may result in eviction. Note that deceitful/misleading reservations intended to disguise guest occupancy and/or age is grounds for immediate termination without refund.

14. FURNISHINGS/AMENITIES
The Property is individually owned and reflects the tastes of the Owner. Furnishings and amenities are not new and may exhibit signs of wear and tear. Furnishings are subject to change and may or may not be exactly as represented due to replacement, substitution, or other reasons. Furnishings, accessories, pillows, towels, and linens are not to be taken from the Property and fees will be enforced for any missing items. The opening and closing of pools, game rooms, hot tubs, spas, fitness rooms, or any other property facility, amenity, or feature is at the discretion of each individual Association/Building/Owner. Neither Owner or Agent is responsible for the availability, or lack thereof, of any of these amenities or features. No refunds shall be given.

15. LINENS, TOWELS, ETC.
Guests must provide their own towels, linens, soap, and paper products unless the property specifically states they are provided. Some properties may not provide blankets, clocks, irons, or other items. If a phone is provided, long distance calls are prohibited. If long distance calls are charged to the Property, Guest will be responsible for reimbursing the Owner, and for an additional $25.00 handling fee.

16. AFTER HOURS LOCKOUT
Guest is responsible for any fees incurred for a lockout during the hours the Win-Le Vacations office is closed, payable when Guest is admitted to Property. If Guest incurs a lockout during normal business hours, Guest may either obtain a key on-site at Win-Le Vacations or have an Agent deliver a key, whereas Guest may be subject to a delivery fee of $50.00. If lockout is due to a malfunction of the Property’s lock, there will be no charge to guest.

17. EVICTION OR TERMINATION
Agent or Owner may terminate this Agreement and remove Guest at any time if, at the sole discretion of the Owner and/or Agent, Guest violates any Terms of this Agreement, or Guest violates any laws, property rules, or local ordinances. In such event, Guest agrees to immediately vacate property without refund and neither Agent nor Owner shall be liable for any damages, including, without limitations, incidental and consequential damages.

18. CONSTRUCTION OF AGREEMENT AND ATTORNEY FEES
In any action to recover any amounts due under this Agreement, the prevailing party shall be entitled to recover all reasonable attorney fees and costs incurred. Guest acknowledges and agrees that any dispute regarding the interpretation, breach, or enforcement of this Agreement shall be filed and heard by the courts located in Sussex County, State of Delaware. The invalidity or enforceability of any provision of the agreement shall not affect or limit the validity or enforceability of the other provisions hereof. This Agreement contains the entire understanding between the parties and supersedes any other oral and written Agreements. No modification, addition, waiver, or cancellation of any provision shall be valid except in writing and signed by both Agent and Guest. If you accept a refund, you waive all other rights and remedies under applicable law.

19. DISCLAIMER
Agent is a property management company and does not own, nor does it assume any ownership rights of any property it advertises. Each Owner establishes the rental rates for their property. Agent is acting as Agent for Owner and has no liability to either party for the performance of any term or covenant of this Agreement. Agent does not conduct, nor is it responsible for, any inspection of a property that would require certifications or a trained individual to perform. Agent and its employees are not licensed home improvement contractors, mold specialists, insurance adjusters, natural disaster specialists, health inspectors, pest control specialists, framing specialists, or any other certified, licensed, or specific vendor with any specialties other than to the limited scope of property bookings and guest check-ins. Therefore, Agent does not warrant the condition of any of the properties that it advertises. Guest hereby understands and accepts that Agent will not be held liable for any unsatisfactory condition that may be found by a Guest, and/or any harm, injuries, or complaints that arise from such conditions; this includes, but is not limited to, mosquitoes, bed bugs, moldy conditions, sounds, smells, or any other nuisances/defects experienced at Property.

20. ENTRY OF PREMISES/MAINTENANCE
Guest is granted a revocable license for the use of Property during the reservation period. Guest agrees to allow Agent, vendors, service providers, contractors, and/or subcontractors access to the Property during Guest’s stay for any reason to make repairs, inspections, improvements, care for, or manage the Property. Maintenance or service requests will be responded to as quickly as possible following notification. There are no refunds issued for any reason as every good faith effort is put forth to ensure the Property is maintained and is in good working order prior to Guest’s arrival. Failure by Guest to allow Agent or any above referenced parties reasonable access to the Property is grounds for eviction without refund.

21. NOISE ORDINANCE
Guest and Guest’s invitees shall behave in a civilized manner and shall be good neighbors, respecting the rights of the surrounding neighbors. There is a noise ordinance which makes it unlawful to cause or permit excessive noise levels. Guest assumes responsibility to research and understand this ordinance for further details. Guest and Guest’s invitees shall not create noise or disturbances that interfere with the quiet enjoyment of those around them. All noises and actions from the Property should be kept to a minimum regardless of the hour, and in compliance with all local Noise Ordinances. Failure to do so can result in termination without refund at the sole discretion of Agent.

22. UNFORESEEN OCCURRENCES
Agent does not accept liability for any loss or damage caused by, but not limited to, the following: weather conditions, natural disasters, pests, construction, acts of God, or other variety of reasons beyond Agent’s control. There shall be no refunds of rents because of shortened stays or ruined expectations due to work and family emergencies, unavailability of any or all parts of the Property or amenities, or any other reasons. It is highly recommended that Guest considers the purchase of Travel Insurance. If property becomes uninhabitable by reason of fire, flood, or other casualty not caused by negligence of Guest, the Agreement hereunder shall be terminated, and Guest shall be entitled to a pro-rated refund from Owner.

23. HURRICANE POLICY
Hurricanes are a possibility on the Delaware beaches. In the event of a mandatory evacuation by any local governing body, a prorated refund will be given for all days covered by the mandatory evacuation order. If no mandatory evacuation notice is issued and you choose to leave before the end of your reservation period or choose to cancel due to threatening weather, neither refund nor compensation will be made.

24. SUBLEASING/TRANSIENT OCCUPANCY
Guest shall not sublet the Property or assign the license and expressly acknowledges and agrees that this Agreement is for transient occupancy of the Property, and that Guest does not intend to make the Property a residence or household. Property shall not be used for commercial activity. Violations will result in termination without refund.

25. SMOKING, ALCOHOL & ILLEGAL ACTIVITY
a. Smoking is strictly prohibited in the Property; some buildings/complexes also restrict smoking to designated Smoking Areas only. All smoking violations will result in Guest’s responsibility for all damage caused. This shall include, but is not limited to, stains, burns, odor remediation, and removal of debris. If smoking occurs inside the Property, a minimum charge of $400 will be incurred for odor remediation. Violations are determined at the sole discretion of Agent and its staff.
b. The legal drinking age in the United States is 21 years. Agent does not condone the use of alcohol by those under the legal drinking age and in no way condones or encourages intoxication. If you choose to drink, we urge you to do so responsibly and remember that excessive use of alcohol can result in severely impaired judgment, injury, and death.
c. It is unlawful to climb, jump, or throw any object from a balcony.
d. Disruptive behavior and all illegal activities are strictly prohibited and may result in eviction from the Property without refund.
e. Agent will, under no circumstances, be liable for any loss, damage, penalty, fine, or expense, including attorney's fees resulting from costs, fines, or other such charges that result from violating rules, laws, ordinances, state, county, city, property, or other.

26. PETS
Pets are strictly prohibited and not allowed at Property (with the exception of ADA Certified Service Animals), unless the Property is specifically designated as a pet-friendly Property. If you are traveling with a pet for one of the above reasons, please be sure you have completed the Pet Addendum (available only upon request). Note: you are required to immediately notify Agent of your pet requirements, and to have a completed Pet Addendum at time of reservation completion. Absence of an addendum and/or failure to notify Agent can result in Win-Le Vacation Rentals changing, modifying, editing, altering, or canceling your reservation at any time, including after your check-in. Additional fees will apply for all properties allowing pets. No other pets or animals other than those specified on the Pet Addendum are allowed on the property at any time and violation of this policy could result in additional charges, fees, and possible eviction. Other terms may apply.

27. RIGHT OF CORRECTION
Agent reserves the right to correct errors and has taken great effort to ensure the website information and any other material (printed or otherwise) is accurate. Rates and availability may change without notice. In the event of an error or omission, we reserve the right to adjust such or make any other correction. All rental properties are privately owned, and their furnishings vary depending upon the owner's taste. Agent cannot guarantee the presence of listed furnishings, as they may change from time to time depending on the owner's preferences, availability, etc.

28. TERMINATION
Agent or Owner reserves the right to cancel this Agreement at any time prior to Guest taking occupancy of Property. If Guest is denied access to Property for the time period for any reason whatsoever, Owner and Agent’s liability will be limited to refunding all rental monies to Guest.

29. HOLD HARMLESS
The Guest shall indemnify and hold harmless Agent, Agent’s employees & business associates, and Property Owner from any and all actual or alleged claims, demands, causes of action, liability, loss, damage and/or injury to Property or persons, including, without limitation wrongful death, whether brought by an individual or other entity, or imposed by a court of law or by administrative action of any federal, state, or local governmental body or agency, arising out of Guest's stay at the Property and the performance of the Agreement. Guest also expressly recognizes that any insurance for Property, Property damage, or loss which the Landlord may maintain on the Property does not cover personal property of Guest, and Guest should purchase insurance if such coverage is desired.

30. TRAVEL INSURANCE
Optional standard trip cancellation/travel insurance can be purchased by you at the time of your reservation or any time up to 30 days prior to your arrival date and is paid in full at time of purchase. Please note that there are no refunds due to a hurricane, job loss, illness, injury, or death if travel insurance is not purchased. The insurance premium will be billed on Guest’s initial deposit. For more detailed information, please visit www.redskyinsurance.com

31. REPRESENTATIONS
No representations, agreements, undertaking, or promises, whether oral, implied, or inferred, has been made by either Owner or Agent unless expressly stated herein. It is mutually understood and agreed that Agent is acting as Agent-only and has no liability to any parties for the performance of any terms or covenant of this Agreement. Guest understands that no landlord/tenant relationship exists or is deemed to exist by virtue of this Agreement or the Guest’s occupancy of Property.

32. ADDITIONAL TERMS AND RELEASES
The undersigned, for himself/herself, his/her heirs, assignors, executors, and administrators, fully releases and discharges Agent and Owner from any and all claims, demands and causes of action by reason of any injury or whatever nature which may have occurred to the undersigned Guest or Guest invitees as a result of, or in connection with, the occupancy of the premises and agrees to hold Agent and Owner free and harmless of any claim or suit arising therefrom. In any action concerning the rights, duties, or liabilities of the parties to this Agreement, their principals, agents, successors, or assignees, the prevailing party shall be entitled to recover reasonable attorney fees and costs.

33. SECURITY CAMERAS/SYSTEMS
a. Security Cameras/Systems may be installed at the Property, which includes outside security cameras. Security Cameras inside residences are prohibited. Security systems and cameras are installed primarily for deterrence and monitoring purposes when the Property is not rented and is not occupied. Guest agrees and acknowledges that the outdoor security camera(s) may capture video/images of all activity conducted on the outside of the home. Guest acknowledges that the presence of the security system/cameras in no way places a duty upon the Agent to provide security or protection to Guest or anyone Guest invites to use or occupy the Property. Guest understands and agrees the cameras are there for the Owner’s purposes. Guest agrees to release Agent from all liability arising from the presence, usage, non-usage, function, non-function, or video/image/audio capture of the security system/cameras, including fees/fines incurred from false alarms caused by Guest or Guest’s invitees. Guest also agrees to advise Guest’s invitees of said security system/cameras.
b. If Security cameras have been installed around the perimeter of the property for the property’s protection, these cameras are not monitored by Agent.
c. If Security Systems have been installed for the Property's protection, any alarms, false or otherwise, will incur charges.

34. PRIVACY POLICY
The information Guest provides to Agent will be treated confidentially. Agent does not sell, rent, or lease Guest’s information to any third parties.