Sunteți pe pagina 1din 8

Vacation Station Vacation Rental Agreement

This Vacation Rental Agreement (Agreement) is made by and between Vacation Station (Agent) and Guest, (collectively, the Parties). Guests identity information is established during the reservation process and set forth in the Guests Reservation Confirmation. The terms Guest and You; Guests and Your are used interchangeably in this Agreement. Agent provides vacation rental services for certain real properties situated in Deschutes County, Oregon; one of which Guest has selected to rent, (hereinafter the "Property"). Agent is desirous of renting the Property to Guest upon the terms and conditions as contained herein and Guest is desirous of renting the Property from Agent on the terms and conditions as contained herein. For and in consideration of the covenants, obligations and mutual promises contained herein, the Parties hereto hereby agree as follows: The Effective Date. The effective date of this Agreement shall be: (a) the date and time that Guest signs this Agreement, electronically or by paper, or (b) Guest is in receipt of the unsigned Rental Agreement and (i) makes payment of money or (ii) takes possession of the Property; each such action is evidence of Guests acceptance of this Agreement and intent to use this Property for a vacation rental. The Entire Agreement. The entire Vacation Rental Agreement is comprised of two (2) parts, which together constitutes the entire Agreement, the complete and exclusive statement of its terms and is the final expression of the Parties agreement. There are no other agreements other than those expressly set forth herein. This Agreement cannot be modified except by a written instrument signed by both Parties: Part 1: This document, which requires Guests signature and which incorporates Part 2 as an integral and inseparable part of the Vacation Rental Agreement; this document may require an Agreement Addendum, which contains additional, essential terms and conditions. If there is an Addendum to this Agreement for the Property you are renting, its terms and conditions shall be incorporated into this Agreement by this reference; Part 2: Guests Reservation Confirmation, which contains some substantive portions of the Vacation Rental Agreement, established during the reservation process, including but not limited to the Property description, Guest information, Total Reservation charges, including rent, fees, assessments and taxes, the payment amount and balance due and the commencement and end of the term of occupancy. Authorized Use, Guest Conduct. During your tenancy: (a) use of the Property shall be only by Guest and as a dwelling unit for residential purposes; (b) Guest will not permit the Property to be occupied beyond the Propertys maximum occupancy; (c) Guest will not damage or destroy the Property or permit another to damage or destroy the Property; (d) no one will create a nuisance on or about the Property or disturb, annoy, endanger, and/or interfere with surrounding property owners and rental guests; and (e) the Property will be used in a careful and lawful manner and Guest will abide by all laws, statutes, ordinances, codes, regulations, orders, rules, bylaws, declarations, covenants, conditions and restrictions directly or indirectly affecting or concerning the Property and/or the Propertys use.

Unauthorized group gatherings in excess of the occupancy limit and gatherings involving excessive quantities of alcohol are not permitted in or at the Property. Use of any items provided by Owner or Agent is at the sole risk of the Guest/user. You are responsible for any losses incurred due to your failure to properly secure the Property. Breach of Contract, Consequences, Early Termination. A breach of this Agreement is cause for: (a) early termination of this Agreement; (b) charges to Guest for Agents cost at $50.00 per hour, with a one hour minimum charge, for responding to, resolving or correcting a Guest breach; (c) forfeiture of your Total Reservation charges; and/or (d) immediate dispossession. If you fail to fulfill your obligations under this Agreement, Agent and/or Owner may, in addition to any other remedy provided to Agent and/or Owner under this Agreement, pursue any and all remedies available to Agent and/or Owner at law or in equity. The termination of this Agreement, regardless of how it occurs, will not relieve a party of any obligations that have accrued before termination. Cancellations. Agent may unilaterally cancel any rental Agreement which contains erroneous reservation and/or rental information or may be detrimental to an Owner or Agent. Should an event occur where the Property becomes unavailable or is unacceptable to Guest, Agent reserves the right to relocate Guest rather than cancel the reservation. Guest is responsible for recovering and reimbursement of third-party fees paid to Agent by you prior to your cancellation for the procurement of goods or services from third parties for your benefit. 1. If Guest cancels a reservation for a Property with 4 or more bedrooms not less than 90 days prior to the scheduled check-in date, or for a Property with less than 4 bedrooms not less than 60 days prior to the scheduled check-in date, the Guest may elect to receive from Agent one of the following: A. A credit in an amount equal to the amount of the reservation payment paid by Guest, less a processing fee of $40.00 or 4% of the reservation amount, whichever is greater, plus applicable taxes; or B. A refund of the Guests entire reservation amount paid; less a processing fee of $100.00 or 10% of the reservation amount, whichever is greater, plus applicable taxes. 2. If Guest cancels a reservation for a Property with 4 or more bedrooms 90 days or less prior to Guests scheduled check-in date, or for a Property with less than 4 bedrooms 60 days or less prior to Guests scheduled check-in date: A. Any Guest reservation payment received by Agent is nonrefundable, subject to Paragraph 2B. Guest hereby authorizes Agent to charge Guests credit card for any outstanding balances for any cancelled reservation/s. B. Agent will make a commercially reasonable effort to rebook the Property for the number of days and rate equal to Guests scheduled reservation, and: (1) If Agent is able to rebook the Property for the same dates and at the same rate/s as Guests scheduled reservation, Guest may elect to receive from Agent one of the following: (a) A credit in an amount equal to the amount of the reservation payment paid by Guest, less a processing fee of $40.00 or 4% of the reservation amount, whichever is greater, plus applicable taxes; or (b)

A refund of the Guests entire reservation amount paid; less a processing fee of $100.00 or 10% of the reservation amount, whichever is greater, plus applicable taxes. (2) If Agent is unable to rebook the Property for all of the same dates and at the same rate/s as Guests scheduled reservation, Guest will receive a credit in an amount equal to the amount of the reservation payment paid by the subsequent rental Guest, less a processing fee of $100.00 or 10% of the Guest credit amount, whichever is greater, plus applicable taxes. Check-in. The standard check-in time is no earlier than 4:00 pm on the day of your scheduled arrival. A 4 pm check-in is not guaranteed. Upon arriving at the Property, you will make an inspection of the property, including the hot tub, if any. If you notice any damages, needed repairs, items that appear to be missing, or if the home was not cleaned properly, notify Agent immediately by calling our office at 541-593-3050 or after hours at 541-977-1320 to report the problem. Leave a message if necessary. Corrective action will be taken to all reasonable requests; however, any additional work required by you to customize the house will be charged to your credit card at $50/hour per person. Reporting damage/s, inoperable equipment or housekeeping or maintenance issues does not give you the right to cancel your reservation or receive a refund or compensation. If you desire to check-in before 4:00 pm, we offer an Early Check-In Service on a very limited basis. Call our office for details. If you check-in before 4:00 pm, without prior authorization to do so, your credit card will be charged an amount equal to one-half of one nights rent, plus taxes and a $25 processing fee; and you will accept the Property as is. Checkout. The standard check-out time is 11:00 am promptly on the day of your scheduled departure. You will leave the Property in a good and clean condition and in the same condition (less ordinary wear and tear) as received by you. You will vacate the Property, empty of all persons and personal property not later than 11:00 AM on your date of departure. If you desire a later check out, we offer a Late Checkout Service on a very limited basis. Call our office for details. PLEASE NOTE that if you have not arranged for a late check-out, you will depart the property by 11:00 am; otherwise, you are in breach of this Agreement and your credit card will be charged a $25 processing fee and $50.00 per hour plus taxes from 11:00 am until you have departed. The minimum charge is $75.00. Checkout Checklist. You will allow enough time to complete the items on the checkout checklist. You will inspect the Property to make sure that you have adhered to the checkout procedure. Should you elect not to perform all of the following checklist items or the Property you occupied requires extra cleaning (beyond normal use), Agent, except for reporting damages, will fulfill this obligation on your behalf, and charge your credit card and/or Security Deposit at a rate of $50/hour per person. PRIOR to checkout, report all damages that occurred during your stay. The Damage Waiver becomes void upon your departure as to any unreported damage/s, Do not wash the bed linens, as housekeeping will replace them after your departure, Wash and dry all towels (if the Property you rented is equipped with a washer and dryer), All dishes, cookware, eating and serving utensils must be washed and put away, Leave stove/oven in a clean condition, Leave refrigerator clean and empty, Leave BBQ grill in a clean condition, Turn down the heat to low or 55 degrees; turn the A/C to 75 degrees, Return all rearranged furnishings to the original placement,

Restore all Audio/Visual, internet and Wifi equipment and wiring to its original placement and function, Remove all of your personal belongings, Remove all garbage and trash from the home and place it in securely tied trash bags and put it into the outside garbage container/s, Pick up all litter, cigarette butts and pet waste, for which you are responsible, from the yard and place it in securely tied trash bags and put it into the outside garbage container/s, Turn off all lights, Close and lock all windows and doors, and Return the key/s to the lock box.

Credit. An amount held by Agent to be applied to your future reservation charges. Rebooking is limited to one time only. Credits are held for no more than 12 months. Any credit not used fully within 12 months is forfeited to Agent without further notice. Credit Card and Security Agreement. Guests giving Agent Guests credit card information is the Guests guarantee of payment to Agent for all rent and charges related to property rental. Guest accepts all terms of this Agreement and accepts all responsibility and/or liability for: rent and charges related to the Property rental; the actions and/or inactions of all authorized occupants, invitees and visitors during the Guests occupancy/tenancy; a lost key; damage beyond normal wear and tear during the term of Guests tenancy; the actual cost/s of rekeying locks, maintenance, repair, replacement/s and/or cleaning for which the Guest is responsible and/or liable; and any additional charge (including but not limited to a supervision fee of $50.00 per hour, with a one hour minimum charge) directly attributable to Agent responding to, resolving or correcting a Guest breach or any Guest caused adverse situation for which the Guest is responsible and/or liable. In the absence of another payment arrangement, Guest authorizes Agent to charge Guests credit card and/or security deposit for payment of these items. If cost of extra cleaning, replacement or repairs exceeds the Guests credit limit and security deposit, Guest agrees to pay the difference to Agent. Damages, Missing Items. In the event of Property damage/s resulting from a Guests negligent act/s (i.e., damage/s reasonably construed to be caused by intentional, willful, reckless or malicious acts), absent Guest provided evidence to the contrary, Guest shall be financially responsible for the cost of Property restoration. Guest shall be responsible for the replacement cost for theft/missing items occurring during Guests tenancy. Damage Waiver Fee. A nonrefundable fee charged to Guest that covers accidental damage, except for damage/s resulting from a Guests negligent act/s, to the rental premises and its contents during Guest's tenancy up to five times the amount of the damage waiver fee. The Damage Waiver does not cover: theft from the premises of either the Owners Property or property belonging to the Guest or others; damage/s reasonably construed to be caused by (a) intentional, willful, reckless or malicious acts of the Guest or others on the premises during the tenancy (b) gross negligence of Guest or others (c) intentional misuse of furnishings, appliances, equipment or amenities; damage/s caused while under the influence of alcohol or drugs; damage/s to the Property or any vehicles resulting from operation of a motorized vehicle by a Guest or other; damage/s related to smoking; damage/s by pets. The Damage Waiver is ONLY valid if the damage/s is/are reported PRIOR TO YOUR DEPARTURE and any unreported damage and/or any damage that exceeds the Damage Waiver limits will be the sole responsibility of the

departing Guest. Disclaimer of Warranties. No warranty is made against failure of items including but not limited to: sump pumps, hot tubs, heating, A/C, TVs, media devices, gas fireplaces, BBQs, plumbing fixtures and appliances. Guest will immediately report any inoperative equipment. Agent will make every reasonable effort to properly perform repairs quickly; or, without any obligation to do so, relocate Guest to another property. Agent does not warranty the condition or usability of accessories provided by any homeowner association, including, but not limited to any clubhouse, pool, hot tub, tennis court or golf, picnic or other facility. Every effort is taken to avoid errors, misleading information and interpretive differences ("dissimilarities); however, dissimilarities do occur. Agent disclaims liability for dissimilarities, including but not limited to the following: (1) information, including but not limited to: (a) pricing, descriptions and photos in its website or other website/s; (b) advertising and (c) representations. Information provided by Agent though deemed accurate is not guaranteed and is subject to errors. Agent reserves the right to take corrective action/s for any such error rather than offer or pay compensation. Disputes, Governing Law and Jurisdiction. This Agreement shall be deemed to have been made in, and shall be construed pursuant to, the laws of the State of Oregon, and shall be treated as though it were executed in Deschutes County, State of Oregon. Any action relating to this Agreement shall be instituted and prosecuted only in the Deschutes County Court, Oregon. Guest specifically consents to such jurisdiction and to extraterritorial service of process. Emergency. For medical, police or fire emergencies call 911. To report any Property emergency, please immediately call our office at 541- 593-3050 or after hours at 541-977-1320. There may be a fee charged for some after-hours emergency calls, such as locking yourself out of the rental unit. Except for corrective housekeeping services and maintenance on primary heat source/s, plumbing and major appliances, all service calls are non-emergency service calls. Non-emergency service calls may be handled the next day. Non-emergency service calls, if required by you, will be charged to your credit card in the amount of $50 or more. Fireplaces. If you elect to use a wood burning fireplace or stove you are responsible for any additional cleaning or damage to Owners Property, including carpets, caused by sparks or ashes. Firewood may be provided but not guaranteed. Guest. The Guest that signs this Agreement hereby warrants and represents that he/she is at least 25 years of age. Guests authorized occupants will be family members, friends, responsible adults or children under direct and continuous adult supervision. Agent reserves the right not to rent to fraternities, sororities, or other unrelated persons or groups under 25 years of age. Hot Tub. If the Property you rented offers a hot tub, upon your arrival, you will inspect the hot tub. If it looks cloudy or dirty, you will cease any use of the hot tub and call Agent immediately at 541-593-3050 or after hours at 541-977-1320. Failure to do so will result in your implied acceptance of the condition of the hot tub. Agent makes no representations or warranties concerning the condition and/or use of the hot tub. Any use of a hot tub is at Guests/users own risk. Household Supplies. Each property is individually furnished and equipped by the property's Owner. All of our rental properties feature essential, standard items: beds, bedding (comforter or bedspread, blanket and pillows), furniture, color TV/s, kitchen pots and pans, cooking utensils, plates, cups, glasses, eating and serving utensils, a microwave and a coffee maker. Agent provides each home with a starter amount of limited household supplies, which will not be replenished during your stay: toilet paper,

paper towels, dish washing soap, dish washing detergent, laundry detergent, shampoo, bar soap and trash bags. You will need to provide any additional supplies that are needed during your stay, including the replenishment of the above listed supplies and all edibles (this includes condiments and spices) and foil or plastic wrap. Indemnity. Guest/s indemnifies and holds harmless the Owner and Agent, including its employees, agents, contractors, and authorized representatives for any liabilities, theft, damage, cost or expense whatsoever arising from or related to any claim or litigation which may arise out of or in connection with Guest/s use and occupancy of the Property including but not limited to any claim or liability for death, personal injury or damage or theft of property which is made, incurred or sustained by any person. Keys. Upon checkout, return the keys to the lock box. The charge to Guest for a lost key is up to $195 to replace all locks at the home plus any additional cost reimbursement for Agents employees and/or housekeeper/s time waiting for a key to get into the house. Occupancy. Guest will adhere to the occupancy limit information listed in the Property description page of the Agents website at vs-sr.com and in your Reservation Confirmation. Maximum occupancy limits are strictly enforced. If you exceed the occupancy limit you will be required to (a) rent additional accommodations or (b) vacate. Other restrictions may apply. Parking. The number of available parking spaces is listed in each Property description page of the Agents website at vs-sr.com and in the Reservation Confirmation. You will observe local parking signs and ordinances. All vehicles will be parked in the driveway or garage (if available). On-street parking is prohibited. Excessive vehicles and improperly parked vehicles are a breach of this Agreement. Pets and Other Animals/Wildlife. No pets are permitted in the home or on the premises unless you have reserved a home that lists Pets Allowed in the individual Property description page on Agents website vs-sr.com (NO EXCEPTIONS). A dog is the only pet allowed onto a Pet Friendly rental property. Should Agent permit your pet/s onto a Pet Friendly property: (1) an additional $45 (per pet) nonrefundable pet cleaning fee applies should you choose to bring your pet to the pet friendly unit; (2) unless otherwise advertised, a maximum of 2 pets are allowed; (3) you will properly clean up after your pet/s to avoid a deduction from your credit card; (4) you will remove, bag and deposit your pets waste into an outdoor waste receptacle; (5) you will observe local leash laws; (6) your pet/s will not disturb neighboring home owners or their guest; and (7) pets in a non-pet home are considered a breach of this Agreement and your credit card and/or security deposit will be charged an amount of not less than $100 for extra cleaning. Refunds, Compensation. No refunds or compensation will be offered or given for any of the following reasons: any missing or inoperable item/s provided by Owner or Agent; failure of any household item/s or equipment; inaccessible wifi/internet access; non-functioning fireplace/s; failure of the HOA equipment or amenities; insects; your rental is unacceptable; relocation; housekeeping issues; maintenance issues; reporting damage/s, inoperable equipment or housekeeping or maintenance issues; nearby construction; removed or replaced furnishings, equipment and/or accessories; overdraft fees; errors, misleading information and interpretive differences; any issues concerning the condition or use of the hot tub; insufficient household supplies; weather conditions. Reservation Charges. (a) Your Initial Payment. Whether you made your reservation online, by phone or in person, you will pay the greater of 40% or $400 of your Total Reservation charges to secure your reservation unless your Total Reservation charges are less than $400 or your reservation is made within

45 days of your arrival date, in which case the Total Reservation charges are due at the time the reservation is made. (b) Your Final Payment. You will pay the remainder of your Total Reservation charges balance, if any, not less than 45 days prior to your arrival date. Once your reservation is confirmed, should you need to change your reservation, and the purpose of the change is: (a) Adding additional night/s, then there is no charge for changing your reservation, or (b) A non-monetary change, such as arriving a day earlier and departing a day earlier than originally planned, then Agents processing fee for changing your reservation is $25.00; or (c) Reducing the length of your stay, then the number of nights cancelled will be treated in the same manner as a Cancellation. See Cancellation/s. Reservation Confirmation. Your reservation is confirmed once Agent receives (a) your initial payment (the greater of 40% or $400 of your Total Reservation charges, or your Total Reservation charges if the Total Reservation charges are less than $400), which is due at the time the reservation is made; and (b) you sign this Agreement, electronically or by paper. Once your initial payment and signed Agreement have been received by Agent, you will automatically receive a Reservation Confirmation by email. Also, a copy of your Reservation Confirmation is available online at vs-sr.com, under the menu tab Guest Login; or you may request receipt of a copy by fax or email by calling us at 541-593-3050 or sending us an email at info@vs-sr.com. Reservation Final Payment. You will pay the remainder of your Total Reservation charges balance, if any, not less than 45 days prior to your arrival date. Right of Entry. Agent, its employee/s representative/s or agent/s, at Agents sole discretion, reserves the right to enter the rental premises, anytime to check occupancy, investigate disturbances, check for damage, pets, smoking or to make needed repairs, or to show property to prospective purchasers. Security Deposit. In addition to, or in lieu of charging a Damage Waiver Fee, a Security Deposit may be charged. The Security Deposit shall be applied to the cost of any missing items and breakage or damage (beyond normal wear and tear) to the Property and/or contents, extra required cleaning, re-keying Propertys locks, any charges associated with a breach of this Agreement and outstanding pay-per-view and/or long distance telephone charges during Guests tenancy. Smoking. Smoking is prohibited in all homes, including any enclosed area/patio and/or garage. Smoking in a Non-Smoking home will result in substantial charges to restore the home to its original non-smoking condition. If you smoke on the premises, outside of the home, you will cleanup your cigarette/tobacco waste; otherwise Agent will charge you to do so at $50 per hour, one hour minimum. Transfer or Relocation from One Rental Property to Another. Entering into this Agreement binds you to the reserved Property for your reserved dates. You will not be compensated or moved to a different house because you do not like the rental property that you reserved, or some equipment in the Property is not working to your satisfaction. At the sole discretion of Agent, a transfer from the reserved Property to another property may be offered to you. Should a transfer occur from a higher rental rate to a lower rental rate, the rate will remain at the higher rate unless the original reserved property is re-rented at the higher rate for the same reservation period. Should a transfer occur from a lower rental rate to a higher rental rate, you are obligated to pay the difference prior to relocation. A transfer fee of $100.00 or 10% of the reservation amount, whichever is greater, plus applicable taxes applies to all transfers. Should an event occur where the rental Property originally reserved is unavailable, Agent reserves the right to substitute alternate accommodations and relocate Guest to a comparable property, if available; however, we cannot guarantee the confirmed rate in these instances. Neither Agent, nor the Property

Owner is liable for damages or any inconvenience. You will have the option to (1) accept the replacement property and pay all additional monies owed, if any; or (2) reject the replacement property and receive a refund of your paid Total Reservation charges. You hereby agree that your choice between these alternatives will be your sole remedy for any and all damages, liability or inconvenience for such an occurrence. Travel Interruption Insurance. Travel Interruption Insurance is an optional coverage to insure your vacation investment against certain unforeseeable misfortunes, including medical emergencies, sickness, injury or death; school year extension, armed service leave revocation, involuntary termination of employment and reservation cancellations caused by severe weather conditions. For more information, contact CSA Travel Protection at www.vacationrentalinsurance.com or 866-999-4018. Weather, Uncontrollable Events. In the event of severe adverse weather conditions that interfere with your trip plans or occupancy, including but not limited to stoppage in supply of water, gas, electricity or plumbing, no rebates, refund or relocation will be offered, even in the case of a mandatory evacuation. Agent is not liable for loss, damage or injury to persons or their personal property, including any loss or damage caused by weather/road conditions or other uncontrollable event. Wifi. If the Property offers internet access, access is not guaranteed. Agent agrees to the terms and conditions of this Agreement. The undersigned Guest warrants and represents that he/she is a person who is an authorized user of the credit card used or to be used to make this reservation and that he/she is at least 25 years of age. Guest confirms that he/she has read, understands and reaffirms his/her acceptance of all of the foregoing terms and conditions of this Agreement.

S-ar putea să vă placă și