WEBSITE & PROPERTIES TERMS & CONDITIONS
By utilizing this website or checkmarking the Terms Section, the User agrees to be bound by these Terms and Conditions.
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These are the Terms & Conditions upon which Contracting Office (‘Manager’) offers lodging facilities (‘Properties’) to customers, and they constitute a Contract with Guests. Unless otherwise agreed in writing the Bookings are non-cancelable and non-refundable.
MANAGER: Manager noted on the Booking Confirmation ('Confirmation') or Booking Registration ('Registration') enters into Bookings with Guests for Properties owned by third party property owners. Other offices are separately owned and not a party to this Agreement.
GUEST: Person booking a Property (‘Guest’ or ‘Guests’) warrants they are at least 25 years of age and that by phone, fax, email, online form or in person, they booked a Property specified by a Confirmation and/or a Registration. Guest was advised of the terms of the Booking at the time of purchase and, on behalf of themselves and their Invitees, and agrees to abide by these Terms & Conditions, any Addendums, and such other instructions, directions and rules as Manager specifies. Manager may communicate with Guests by phone, fax, email, letter and in person and these terms govern Guest’s current and future bookings unless otherwise later altered by Manager as posted on the Property’s website.
BOOKINGS: Guest may request bookings by phone, email, letter, in person, through online or conventional travel agents, or through Manager online quote or booking web forms. Manager may alter Property configuration, amenities, rates and availability prior to confirming a booking, as it sees fit and is not obligated to confirm bookings for dates or prices printed on websites, emails, letters, faxes or in phone calls which it later finds are in error. Manager reserves the right to refuse service.
ADVANCE LODGING RESERVATION: The Booking is an ‘Advanced Lodging Reservation’ as governed by Visa/MasterCard Terms & Conditions. Barring problems beyond Manager's control, the Property, or an equal or better substitute, will be provided to Guest on the dates indicated. Guest agrees the booking is non-cancelable and non-refundable unless, at Guest’s later written request, Manager is able to sell Guest’s dates according to the Cancellation Policy below.
PROPERTIES: Manager grants Guest use of the Property(s) and Guest accepts the Property ‘As-is’ and may not begin occupancy prior to the Start Date/Time and must vacate the Property no later than the End Date/Time. Earlier or Later occupancy will result in additional charges as noted herein as Holdover. Property is defined as the specific dwelling area rented by Guest and the surrounding real estate in which it stands such as surrounding grounds associated with the property, parking areas, (except areas locked off or marked off limits). If Property is part of a resort, community, neighborhood or city facilities (Area) they are granted right to access the dwelling area and obligated to observe these Terms & Conditions there, and are not granted right to utilize the public portions of that Area in accordance with the Area’s terms, conditions & rules.
GUEST OBLIGATIONS: Guest and Invitees will abide by these Terms & Conditions, follow Resort and Home Owner Associations Rules, Property Rules and Instructions, as attached here, as posted at the Property, as specified in a ‘Welcome Book' sometimes located in the Property or as instructed verbally or in writing. In particular, Guest:
- Will vigorously enforce Manager’s rules. l Will utilize the Property only for family use and for no other purpose without the prior written approval of Manager.
- Will remain on property during booking, and not conduct parties, host groups or conduct any gathering that increases occupancy to greater than stated in the Confirmation.
- Will properly use and operate the electrical, gas, heating, air condition, plumbing and other fixtures, appliances, furnishings and amenities.
- Will not permit anything to be done about the premises which will interfere with the rights of Manager, Owner, Resort Management, Law Enforcement, neighbors, home owners or other guests or injure or annoy them or use or allow the premises to be used for any improper, immoral, unlawful or objectionable purpose, nor will Guest cause, maintain or permit any nuisance about the premises.
- Will not post photos, videos or reviews of, or comments about, the property to websites, publications, reporting agencies, or contact property owners without Manager’s written approval.
- Will not destroy, deface, impair or remove any part of the Property, its equipment, furniture, furnishings, appliances or fixtures.
- Will not make copies of keys or reveal key codes to any other person; nor sublet the Property under any circumstances.
- Will return all furniture, kitchen utensils, appliances, books, phones, equipment etc. to their original positions.
Manager may assess the Guest a fee equal to the total Booking Charges for each violation of this contract.
INVITEES: Unless otherwise agreed in writing, Property is only for the use of the Guest and their immediate or extended family members (‘Invitees’) as specified in the Confirmation. Guest must disclose the number of adults and minors (under age 21) who will occupy the Property and Guest agrees to inform Invitees of these Terms & Conditions and Manager Rules and is responsible for conformance to them. No one may occupy the Property at any time, even as drop in guests, who are not registered invitees. Manager may not discuss this Booking with Invitees. Guest grants Manager permission in perpetuity to republish Guest or Invitee verbal, written or published comments, photos or videos as Manger sees fit.
USE FEE: Guest will pay a ‘Use Fee’ for the dates indicated. Should occupancy, at any time, exceed the number indicated in the Confirmation, Guest will pay an additional fee of at least $100 per excess person per day or the entire Booking. For exceeding the number of vehicles indicated in the Confirmation, Guest will pay an additional fee of at least $100 per vehicle per day (or part). Guest agrees, upon demand from Manager, to provide a list of all people who were in the Property during Guest’s occupancy including persons’ names, addresses, phone numbers and auto license plate numbers and authorizes Manager to communicate with such people.
CLEANING: Manager will have Property cleaned after Guest’s departure; or sooner if customarily done at the Property, for which Guest agrees to pay the Cleaning Fee(s). Guest may request cleaning services for additional fees. Guest will keep the Property clean and in good order during occupancy and to leave it in the same condition it was found upon arrival. Should the occupancy be for more than ten days, Manager may have the Property cleaned each week or portion thereof at Guest’s cost at the same cleaning price noted in the Confirmation. Manager will charge Guest for excess cleaning, defined as greater than usual and normal for number of Invitees.
SECURITY & DAMAGE DEPOSIT: As security for all charges, Manager may require a Security & Damage Deposit from Guest to be deposited into Manager non-segregated bank accounts. The Deposit will not bear interest and will be returned less any overages, to Guest within approximately 45 days after Guest returns the keys (if any) and Manager’s ‘Guest Checklist.’ Suspected Overages or other factors may delay Deposit refund until charges can be determined or damage repaired. Failure to return the checklist may also delay or forfeit the refund.
DEPOSIT WAIVER: Guest may be offered purchase of a non-refundable Deposit Waiver in lieu of paying a Security & Damage Deposit. If so, Manager will pay for up to $500 of unintentional damage caused by Guest, provided;
- Guest immediately reports all damage by phone to a staff member at the Manager Central Reservations Office and prior to the check-out date and time;
- Guest remains at Property until Manager arrives to undertake an inspection;
- Guest requests and receives a Manager reference number to verify date and time of reporting;
- That Manager determines the damage is not a result of Guest or their Invitees violating Manager Rules, Notices or Instructions or any provision of these Terms & Conditions;
- That Manager determines the damage was indeed unintentional.
Guest is still obligated to pay for excessive cleaning, damage that does not conform to the terms of this paragraph or unintentional damage greater than $500.
HOLD OVER: In the event that Guest enters the Property before the Start Date & Time or remains in Property past the End Date & Time, Guest will pay for each day or partial day an amount equal to the amount Manager pays to other Guests resulting from Guest’s Hold Over, or double the daily rate, whichever is greater.
TRAVEL INSURANCE: Bookings are non-cancelable and non-refundable. Guests are urged to purchase Vacation Rental Insurance to cover such as rental, taxes, airfare, related to its occupancy. If Guest purchases Vacation Rental Insurance from Manager coverage is provided by CSA Insurance, their carriers and insurance agents (“CSA”) subject to the Description of Coverage document attached to the Booking or available for review on the manager’s or property’s website. CSA is solely responsible for the administration and determination of claims.
PAYMENT: Guest will pay all charges indicated in the Confirmation, Registration and as incurred and according to these Terms & Conditions. Manager is authorized to charge Guest’s card as indicated and for overages incurred. If paid by check, Guest will make payment by the dates indicated and, if unpaid, Manager may charge payments to Guest’s credit card. If Guest fails to pay by the deadlines, or Guest’s check or Credit Card is declined by its bank, Manager may offer Guest’s dates to any third party without notice to Guest; as provided in these Terms and Conditions. Guest will be charged $100 fee for returned checks, dishonored credit card charges and Chargebacks.
CREDIT CARDS: Guest warrants that Credit Card (‘Card’) information is correct, that the card has sufficient available credit for all charges and any overages and that the Card will not be cancelled or charges dishonored or disputed with Guest’s credit card issuer. Should the Guest’s Card expire or be terminated Guest will provide Manager with the name, number, code and expiration date of a replacement card that can then be used as payment for Guest’s charges.
SUPPLIES: For hotel style rooms, Manager supplies a reasonable supply of sundries such as paper towels, toilet paper and coffee filters. For cabins, condos and homes Manager provides a starter supply of sundries sufficient for a single days use by guest and registered invitees. Guest will provide additional sundries greater than those noted above. Guest and Invitees are reminded to bring sunscreen, toiletries, food, soap, laundry detergent and other personal items.
SERVICE ORDERS: Property may be distant from Manager’s office, staff and service personnel or vendors. Guest (but not Invitees) may request services or assistance and Manager will make reasonable effort to respond during usual business hours and within the limitations of time, distance and expense as it deems reasonable. Guest accepts that Manager may be unable to address issues during Guests occupancy and agrees to be self reliant in dealing with immediate needs. Manager inability to address requests during occupancy will not be reason for reduction of the Use or other Fees. In the event Guest requests service for non-essential services and Manager is able to provide it, Guest will be charged for the Staff and Vendor time and materials incurred. Guest will not be charged for service orders necessary to provide essential services such as water, heat, sewer or electrical if the problem was not caused by Guest. Unless approved by Manager in writing in advance Manager will not reimburse guests for Guest expenditures.
OVERAGES: Guest agrees to pay for any and all charges incurred or caused by Guest during their stay (‘Overages’). Such charges may include, but are not limited to, Guest’s unpaid Resort charges or penalties, occupancy exceeding that stated in the Confirmation, service requests, occupancy hold over, damages, excess cleaning services, energy surcharges, replacement of keys or re-keying or resetting of locks or lock boxes, occupancy and/or sales taxes, long distance, fees for smoking, excess noise, or having unapproved pets in the Property or at the property, exceeding pet limits, missing items, or other violations of Manager, Resort, or Homeowner Association terms & conditions, rules, late charges, finance charges, chargeback costs, damages not covered by the deposit or damage waiver limit, etc. Handling charges are added to all such costs. If overages exceed the Security & Damage Deposit or Deposit Wavier limit, Manager may immediately charge Guest’s credit card or, at Manager's option, make verbal or written demand to Guest for payment of overages. In the event Manager is unable to accurately ascertain overages at the time they are discovered Manager is authorized to charge an approximate amount and later make adjustments to reflect the actual charges.
CHECK-IN & CHECK-OUT: Arrival and Departure dates and times are noted on the Confirmation or Registration, Guest Instructions, posted in the Property or at the Property’s website. Guest is obligated to telephone Manager 24 hours in advance of scheduled arrival to confirm keys and access, then to check-in as instructed, complete Guest Checklist and immediately notify Manager in person or by phone of irregularities or problems. Guest must check-out as instructed and return checklist to Manager in person or within 7 days by fax, mail or email attachment. Failure to return checklist may delay or forfeit deposit refund.
EARLY & LATE: Guest requests for early arrival or late departure, even if charged in advance, cannot be guaranteed. Instead, Guest must telephone Manager 24 hours in advance to ask permission for the early arrival or late departure. If unavailable, Guest will not be charged.
ISSUES: During occupancy Guest agrees to immediately notify Manager by phone of any issues or problems with the Property, or damage to the Property or its contents, conflicts with other guests, resort, legal authorities or others, or violations of these Terms & Conditions. Failure to report issues will further subject Guest to charges for repair or replacement and discharge Manager from any obligation to respond.
DAMAGES: Property(s) contains artwork, furniture and fixtures, machinery and equipment and other assets. Guest will pay for any damages Guest causes including repairs, replacements, eviction, services calls, fines, assessments, cleaning, maintenance, customer service, accounting and other staff time at Manager usual rates, costs plus taxes and handling and the loss of subsequent income during the repair period. Guest also agrees to pay additional fees for violations of the Terms & Conditions, such as allowing unapproved pets in Property or on its property (minimum $500), exceeding stated pet limits, or smoking in the Property, violation of Noise Rules (minimum $500), according to Manager rate schedule a copy of which is available to Guest upon request.
INSPECTION: Because the Booking is for short term lodging Manager may enter the Property, with or without notice at any time, for the purposes of inspection, maintenance, cleaning, rental or sale showings or for whatever other purpose it deems necessary. When entering, Management staff will knock to announce themselves and allow Occupants sufficient time to respond and accommodate entry.
CONFIGURATION: Confirmation and Registrations are approximate configurations of the Property. Beds come with linens, blankets and bedspreads. Sleepers may mean a sleeper sofa or a couch futon. Some beds may be bunks. Configuration may vary between booking date and arrival. There will be sleeping space for invitees, not necessarily for the maximum occupants. Guest accepts Property ‘as is’ and Manager will not alter the Property to accommodate Guest’s needs.
AMENITIES: Use Fees are only for the occupancy of the Property. For the pleasure of Guests and without additional compensation, amenities may be provided such as hot tubs, pools, artwork, televisions, stereos, phones, faxes, internet access, sporting goods, toys, games, house and pool/beach towels, patio furniture, furniture, dishes/flatware/pans, etc. Amenities sometimes malfunction, become worn, are out for repair, are replaced or are removed by Owner or prior Guests. Manager will endeavor to have these amenities functioning but can not guarantee availability at all times. Changes in décor, unavailability of amenities, inconveniences such as power outages, adverse road and/or weather conditions, acts of God, area construction, allergic reactions, will not be reason for reduction of the Use Fee nor cause the payment of damages to Guest. Due to the complexity of Internet advertising which may replicate without Manager’s approval, Manager takes no responsibility for such ads; Guest is to rely on Manager’s website only.
LOST & FOUND: Properties do not have Safes so Guest agrees to not bring valuables. Manager does not accept responsibility for loss of articles left at the Property. Manager may hold found articles for a period of 30 days. Guest may contact Manager to identify and claim lost items. Identified articles will be shipped at Guest’s cost. Articles unclaimed for 30 days will be discarded, donated to charity or sold as Manager sees fit with Manager retaining proceeds as a handling fee.
PROPERTY EXPENSES: Guest is not liable for normal and usual utilities, maintenance or operating costs unless Guest’s usage is greater than normal and usual for the number of Invitees. Guest will follow Manager's rules and instructions for the use of utilities and is responsible for repair costs or an energy surcharge that Manager may levy due to Guests use. Should Property Expenses be greater than normal, Manager may levy a charge to Guest sufficient to cover excess costs plus handling.
CANCELLATION POLICY & LATE PAYMENT: Should Guest fail to pay as agreed, or requests a cancellation, Manager may sell Guest’s dates to any third party. If Manager is able to re-sell Guest’s dates at net rates of at least equal to those charged to Guest, Manager will refund Guest’s Use Fee less a Re-Booking fee as specified by Manager. If less than all dates are sold, or dates are sold for lower rates, then credits will be issued only for those dates sold and at the lower rate received. No refund will be allowed if Manager is unable to re-sell Guest’s dates; and guest remains obligated for payment in full. In the event the Property becomes unavailable for use for any reason, Manager may cancel the Booking and return Guest’s payments, or may transfer Guest’s booking to a comparable or better property of Manager choosing.
TERMINATION: Manager reserves the right to immediately terminate the Booking and occupancy of Guest and Invitees without notice in the event that Manager believes the Guest or Invitees have done or intend to do any act that violates these Terms & Conditions, Manager rules, verbal or written instructions given to Guest or notices posted at the Property, or that is in violation of any applicable Federal, State or Local statute, or which is not in the good interest of the Owner, Manager or other Manager guests, or which will be objectionable to neighbors, the home owners group, or resort management. If terminated Manager may enter the Property without notice and require Guest and Invitees to immediately vacate the Property. Should Guest fail to vacate, law enforcement officials may remove Guest & Invitees. Guest will not be entitled to refund for any payments if this Agreement is terminated. The Guest may not terminate the Booking without the expressed written consent of Manager.
INSURANCE: Property Owners are to maintain reasonable and usual Property and Casualty Insurance on the premises but not theft insurance. Guest hereby agrees and relieves Manager and Owner and waives its entire right of recovery against Manager and Owner for loss, inconvenience, damage, injury, disability or death arising out of or incident to the perils described in standard fire insurance policies approved for the use in state where the Property is located, whether due to the negligence of Owner, Manager and its agents, employees or otherwise. Guest agrees to maintain personal or homeowner insurance that covers Manager and Owner in the event of damage, destruction or liability caused by Guest’s actions whether intentional or not. In no case will Manager or Owner be responsible for loss of use, inconvenience, damage, injury, disability or death of Guest resulting from Guest’s use of the Property or damages or events beyond the control of the Manager and Owner.
ENTIRE AGREEMENT: Confirmation, Registration and these Terms & Conditions, along with any Addendums, constitute the final and complete understanding between the parties and no other representations or promises, verbal or otherwise, have been made. The Terms & Conditions supersede all previous agreements between the parties. Manager may make modifications to the Terms & Conditions at any time by notice to Guest or by posting to Property’s website. Failure to enforce any of the Terms & Conditions, Confirmation, Resort, Association or Manager’s Rules or subsequent agreement between the parties, will not be construed as a waiver of other provisions. If any portion of such documents or subsequent agreements is determined to be invalid, illegal or unenforced, all other conditions will remain in full force and effect.
LITIGATION: The Booking and this document will be governed in accordance with the laws of the county, state and city where the Contracting Office is located. Guest authorizes Manager to check conduct, credit, criminal and court records prior to and after granting occupancy and authorizes Manager to report Guests compliance with this agreement to its staff, network offices, third parties and reporting organizations as it sees fit. Any claim will be settled by action in a Court of law where the Contracting Office is located. In the case of litigation, or past due billings, Guest will pay Manager’ and Owner’s staff time charges for collection letters, faxes, emails, phone calls, meetings and court time, Late Charges, Damages, reasonable attorney’s fees, pre and post judgment Interest at twelve percent (12%) per annum, attendant Court and other Costs and Expenses.Revised 02/20/12.
The Association, its volunteers and officers are not insurance agents and do not sell or recommend insurance providers. Instead, a list of insurance agents and providers who offer vacation rental home coverage are listed in the associations records and websites. Membership in the Association is open to all firms.
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