Terms Conditions

Terms and Conditions

Thanks for your business and we hope you enjoy your stay and look forward to seeing you at the beach!

Any monies received by HigginsBeachMaine.com for occupancy of vacation property indicates the acceptance of the terms of our vacation rental agreement in full. All policies are strictly enforced. It is the responsibility of all guests and members of their party to be familiar with all policies pertaining to rental.

Renter requirements

For legal and accounting purposes, the person placing the reservation is considered to be the guest. All other persons involved with the rental are considered to be the guest’s invitees, and all discussion regarding reservation, cancellation, and damage policies will be discussed with the guest, not the guest’s invitees.

This agreement (the “Agreement”) is made between (the “Guest”), and Coastal Maine Properties, Inc., d/b/a HigginsBeachMaine.com, mailing address P.O. Box 6717, Scarborough, ME 04070-6717 (the “Property Manager”).

Property

The subject of this Agreement is the cottage stated in your reservation (the “Property”). The Property Manager is the agent for the Owner of this Property and agrees to rent the property to the Guests on behalf of the Owner under the terms of this Agreement. The maximum number of guests allowed to occupy the Property and the maximum number of cars is stated on the reservation.

Term

The term of rental under this Agreement begins at 4 PM on the check-in date and ends at 10 AM on the check-out date, as stated in the Guests’ Reservation (unless otherwise noted on your reservation). This period shall be referred to as the “Term”.                             Guests who do not vacate the property by 10 AM on check-out date will be charged a $150 fee.

Down payment/ payment

Guests agree to pay the rental fee stated in the Reservation plus state of Maine lodging tax of 9%, and

any other applicable fees to use the Property for the Term. Payment of the balance due shall be made as follows:

  • A payment of 50% of the rental fee, applicable sales tax and any other applicable fees or deposits are due at the time of booking.
  • The remaining balance, sales tax, and fees, if applicable, is due 45 days prior to the check in date. If the entire reservation total is not paid in full by the due date, your reservation may be cancelled and any payments already made will be non-refundable. All payments made by check or money order must be made payable to HigginsBeachMaine.com in US Funds only. Returned checks are subject to a $40 processing fee and potential loss of reservation.
  • If a reservation is made within 45 days of check-in, 100% of the reservation total including all appliable taxes, fees, and deposits are due at the time the reservation is made.
  • If guest selects to purchase travel insurance, 100% of the travel insurance purchase price is due upon booking regardless of when the reservation takes place. Partial payments are not applicable with travel insurance.

**All payments made towards your reservation are considered Non-refundable once received. Please review cancellation policy.

Cancellation Policy

All cancellations by Guest must be made in writing and received and acknowledged by HigginsBeachMaine.com on behalf of the Owner. There is a cancellation fee of 100% of any payments already made. If Guest should cancel and HigginsBeachMaine.com is able to re-rent the Property for the Rental Term at the same rental amount as set forth in this rental agreement (hereinafter referred to as a “Re-Rental”), Higginsbeachmaine.com shall provide the Guest a refund less 25% of the reservation total as a re-booking fee and less any out of pocket expenses directly associated with the Re-Rental. For a Re-Rental for an amount less than the rental amount in this rental agreement, the Guest shall be refunded less the 25% re-booking fee, less the difference between the original rental amount and the Rent for the the Re-rental, and less any out of pocket expenses directly associated with the re-rental. Any qualifying refunds to the Guest will not be made until after the Check In date for the Re-Rental and all amounts for the Re-Rental have been paid. This cancellation policy is strictly adhered to so Guest is encouraged to consider purchasing travel insurance that will cover Guest in certain situations as set forth in the

policy. Once a reservation has been cancelled in writing, Guest cannot take their rental dates back without a new written request to HigginsBeachMaine.com, a new reservation confirmed by Higginsbeachmaine.com, and only if the Property is still shown as available on the calendar for the Property on its listing page.

Guest understands the following: the Owner OR HigginsBeachMaine.com will not be liable to Guests for events beyond Owner’s control which may interfere with Guest’s occupancy or ability to Re-Rent, including but not limited to acts of God, acts of governmental agencies, bans, terrorism, fire, strikes, war, criminal acts, inclement weather, mandatory evacuation of area, power outages, pandemics/epidemics, endemics, outbreaks, and construction noise from nearby sites. Guest understands the Cancellation Policy will be followed and a Re-Rental must occur to qualify for any partial refunds.

Condition of Property

Guests are asked, for their protection, to call to the attention of the Property Manager any defective conditions that exists at the time of check-in so that they can be documented and/or repaired as needed. Guests shall occupy the property personally and no other persons shall occupy the Property unless

otherwise specifically agreed in writing. Guests agree to take good care of the Property including appliances and furnishings and maintain them in clean, neat and sanitary condition. No alterations will be made. Guests agree that they are responsible for any loss or damage to rental property or contents, as well as loss of use thereof due to their negligence, carelessness, or intentional conduct. Upon check out, Property shall be left clean and clear of all personal belongings with all trash removed. Should more than 1 bag of trash be left per barrel, a fee of $75 will be imposed. The Property shall include items such as mattress encasements, blankets, and pillows. Guests shall bring their own towels and sheets.

Emergencies/ Maintenance/Right of Entry/Showings

In the event of a problem getting in the vacation rental or if there are problems with condition or functionality of the vacation rental, please immediately contact HigginsBeachMaine.com office (leave a voice message if there is no answer!) at 207-553-1388. If it is after office hours we will make every effort to return your call as soon as possible.

Guest should immediately dial 911 in the event of an emergency that requires immediate police, fire, or ambulance presence. In the event of any emergency – whether or not it involves calling 911 – Guests shall contact Property Manager as soon as possible. Property Manager shall have the right to enter the Property during the Term without permission of the Guests when emergency circumstances exist, or when an obvious breach of this Agreement exists.

If the Property is listed “for sale” during the Term, it is subject to sale showings during Guests’ stay. Property Manager shall endeavor to give Guests reasonable notice of any such showings.

Utilities

The rental fee includes heat, electricity, water and sewer (unless otherwise disclosed). Guests agree to be moderate and respectful in their use of these services.

Pets

No pets of any kind are permitted in or around the Property, unless specifically allowed in the Reservation. Many properties do not allow pets, please check the property page online or refer to the house rules for the property you have booked to determine if pets might be considered. Please note- most properties do not allow cats even if pets are considered. Pets are not automatically allowed and will be considered on a case by case basis at certain properties only. Pets that are under the age of 1, have a history of aggression, and/or are not house trained will not be considered. Guests are responsible for all care of their pets including immediate and proper waste disposal, licensing/vaccines, flea and tick prevention, damage, and following all local laws or ordinances surrounding pets.

Noise

The Guests agree not to allow on the Property any excessive noise or other activity that disturbs the peace and quiet of neighbors.

All Properties House Rules & General Safety Rules

In addition any applicable property specific House rules (found in your guest app or portal), the below rules apply to all properties unless otherwise indicated. By making any payments towards your vacation, guests are acknowledging they have read and understand the below rules and understand the guest is responsible for ensuring these are relayed and understood by any guest invitees.

  • No smoking or vaping of any kind allowed in or on the property.
  • Events are not allowed
  • RVs and tents are not permitted on the property.
  • FIREWORKS ARE STRICTLY PROHIBITED and potentially subject to town fines.
  • ALL Guests agree to NEVER leave grills unattended.
  • ALL Guests agree to NEVER remove or tamper with Smoke, CO, or gas detectors. Guests may replace batteries if needed or contact our team for assistance.
  • ALL Guests agree to never leave lithium batteries to charge overnight or unattended. Spontaneous combustion can occur.
  • Any maintenance concerns or damage much be reported to Higginsbeachmaine.com immediately.
  • Guests are responsible for any shipping costs to return guest items forgotten at the end of their stay. Please double check that you have taken all of your belongings with you.
  • Guests are not allowed to remove and/or rearrange any belongings or furniture existing at the property without express permission from Higginsbeachmaine.com. Damage caused to the property due to moving existing furnishings will be the sole responsibility of the guest for repair and/or replacement.
  • Higginsbeachmaine.com and/or property owners are not responsible for WIFI, internet, and/or cable (if applicable) functionality. Guests agree not to purchase and/or upgrade any existing services that are linked with any available property streaming or cable accounts.
  • If a property has streaming services/apps that allow guests to log into their own accounts, it is solely the responsibility of the guests to sign out of those services upon departure. Higginsbeachmaine.com and/or property owners are not responsible for any costs associated with guests forgetting to log out before they leave.
  • Open fires, camp fires and/or fire pits are strictly prohibited.
  • No food trucks permitted on property
  • No street parking anywhere unless indicated otherwise by the town.
  • No climbing on roofs, balconies, or railings
  • No Glass permitted on the beach
  • Higgins Beach has a carry in/carry out policy. Please respect Higgins Beach and properly dispose of any trash.
  • Guests agree that any and all charging of electric vehicles will be done at the a charging station. Charging of electric vehicles at the property is prohibited.
  • Some properties may have beach chairs or beach gear for guest’s use. Higginsbeachmaine.com cannot guarantee the condition or# of these items. We highly recommend that guests bring their own beach chairs if they will be needed during your vacation.

Smoking

Smoking and/or vaping is not permitted in any HigginsBeachMaine.com property. If there is any tobacco smell in the cottage after your departure, you will be charged an additional cleaning fee. Oil lamps and incense are not permitted due to the long-lasting odor. If these policies are violated, there will be a charge for excessive cleaning.

Right of entry

Guest(s) agree that HigginsBeachMaine.com reserves the right to enter the rental property any time to investigate disturbances, check occupancy, check for damage, to make such repairs, alterations or improvements as we may deem appropriate.

Indemnification & hold harmless

While Coastal Maine Properties, Inc OBA HigginsBeachMaine.com and its property owners strive to maintain

vacation properties in the finest condition, no guarantees are expressed nor implied regarding suitability or for any particular purpose. All guest(s) and their invitees use the vacation property structures and premises at their own risk. Coastal Maine Properties, Inc DBA HigginsBeachMaine.com and its property owners, principals, agents, attorneys, insurers, employees, servants, representatives, successors shall not be held liable or otherwise responsible in any way for injury to any guest and/or their invitees that is caused or permitted to be caused by the intentional or unintentional acts of said guest(s) and/or invitees, or by the failure of structures, appliances, (including BBQs) furnishings, and/or other equipment, whether by malfunction, misuse, acts of god/nature, and/or are otherwise naturally occurring. No guarantees are expressed nor implied as to the suitability of utilities and other services provided to the vacation properties and adjacent structures and premises. No guarantees are expressed nor implied regarding the suitability/compatibility of materials utilized in the construction of the vacation property and/or its contents.

HigginsBeachMaine.com and its property owners shall not be held liable nor otherwise responsible in any way for allergic reactions to guest(s) or invitees, caused or permitted to be caused by materials utilized in the manufacture of the vacation property and/or its contents, nor from mold and/or airborne spores, nor from pet/animal allergens, nor from chemical agents including, but not limited to appliances, linens, carpeting, utensils, fixtures, hot tubs, and/or other equipment. By written or electronic endorsement of this agreement, guest(s) and invitees hereby agree to forever hold-harmless and indemnify Coastal Maine Properties, Inc, DBA HigginsBeachMaine.com and its property owners from and against all claims, demands, loss, liability/responsibility of any kind and character, including cost of defense, arising out of or in any way connected with the guest(s) use of the property.

Vacation Rental Damage Protection

Vacation Rental Damage Protection is included in the Service Fee, which is required on all vacation reservations. Vacation Rental Damage Protection covers unintentional damages to the rental unit interior that occur during your stay provided they are disclosed to management prior to check-out. If, during your stay at one of our Rental Properties, a person causes any damage to real or personal property of the unit as a result of inadvertent acts or omissions, the cost of repair or replacement will be covered up to a maximum $1000 per reservation. Any damages that exceed $1000 will be the Guest’s responsibility and charged to you directly. Certain terms and conditions apply. By submitting any payments, Guests agree to alert Higginsbeachmaine.com of any accidental damage immediately. Guests also acknowledge that damage caused by pets, negligence or misuse is not covered under this protection. The cost of repair or replacement caused by pets, negligence, or misuse will be the Guests’ responsibility.

Maine Law Applies; Severability

Both Guests and Property Manager agree that the substantive law of the State of Maine applies to the interpretation and application of this Agreement. In addition, both Guests and Property Manager and agree the state courts of Cumberland County, State of Maine, shall have sole and exclusive jurisdiction and venue for any dispute arising under this agreement. If any provision of this Agreement is determined to be invalid or unenforceable under the law, that shall not affect the enforceability of any other provision of this Agreement.

Dispute, Claim, And/or Action

If a dispute, claim or action arises out of or relates to this Agreement, or breach thereof, then any such dispute, claim or action must first be submitted to mediation administered by the American Arbitration Association under its dispute resolution procedure. If mediation is not successful, then the dispute, claim or controversy arising out of or relating to this Agreement or breach thereof shall be settled by arbitration administered by the American Arbitration Association. Both parties hereby knowingly waive their rights to a Jury trial and both agree to instead submit all matters to mandatory Arbitration.

HigginsBeachMaine.com
PO Box 6717
Scarborough ME 04070
207-553-1388
[email protected]