Website Terms & Conditions
WEBSITE & PROPERTIES TERMS & CONDITIONS
By utilizing this website or check-marking 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: The 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. The 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. The manager may communicate with Guests by phone, fax, email, letter and in person and these terms govern Guests' current and future bookings unless otherwise later altered by the manager as posted on the Property's website.
BOOKINGS: Guests may request bookings by phone, email, letter, in person, through online or conventional travel agents or a manager online quote or a booking web form. The 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 governed by the Visa/MasterCard Terms & Conditions. Barring problems beyond the manager's control, the property, or an equal or better substitute, will be provided to the guest on the dates indicated. Guests agree the booking is non-cancelable and non-refundable unless, at guests' later written request, the manager can sell guests' dates according to the Cancellation Policy below.
PROPERTIES: The manager grants guests use of the property(s) and the 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 a holdover. Property is defined as the specific dwelling area rented by guests 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 a property is part of a resort, community, neighborhood or city facilities (area) they are granted the right to access the dwelling area and obligated to observe these Terms & Conditions there and are not granted the right to utilize the public portions of that area in accordance with the areas Terms, Conditions & Rules.
GUEST OBLIGATIONS: Guest and invitees will abide by these Terms & Conditions, follow resort and homeowner 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 managers' rules
- Will utilize the property only for family use and for no other purpose without the prior written approval of the 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 a manager, owner, resort management, law enforcement, neighbors, homeowners 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 the 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, nor contact or discuss anything about this booking or the property with property owners or any other party without the 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. Managers may assess the guest a fee equal to the total booking charges for each violation of this contract
INVITEES: Unless otherwise agreed in writing, a property is only for the use of the guest and their immediate or extended family members (invitees) as specified in the confirmation. Guests must disclose the number of adults and minors (under age 21) who will occupy the property, and the 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. The manager may not discuss this booking with invitees. A guest grants a manager permission in perpetuity to republish guest or invitees verbal, written or published comments, photos or videos as the manager sees fit.
USE FEE: Guests will pay a use fee for the dates indicated. Should occupancy, at any time, exceed the number indicated in the confirmation, guests will pay an additional fee of at least $100 per day for each person over the indicated occupancy for the entire booking. For exceeding the number of vehicles indicated in the confirmation, guests will pay an additional fee of at least $100 per vehicle per day (or part). Guests agree upon demand from the manager to provide a list of all people who were in the property during guests' occupancy, including persons, names, addresses, phone numbers and auto license plate numbers and authorizes the manager to communicate with such people.
CLEANING: The manager will have the property cleaned after the guests' departure or sooner if customarily done at the property, for which the guest agrees to pay the cleaning fee(s). Guest may request cleaning services for additional fees. Guests will keep the property clean and in good order during occupancy and leave it in the same condition it was found upon arrival. Should the occupancy be for more than ten days, A manager may have the property cleaned each week or portion thereof at guests' cost at the same cleaning price noted in the Confirmation. The manager will charge guests for excess cleaning, defined as greater than normal for the number of invitees.
SECURITY & DAMAGE DEPOSIT: As security for all charges, the manager may require a security & damage deposit from a guest to be deposited into the manager's non-segregated bank accounts. The deposit will not bear interest and will be returned less any overages to the guest within approximately 45 days after the guest returns the keys (if any) and the 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, the manager will pay for up to $500 of unintentional damage caused by the Guest, provided:
HOLD OVER: In the event that a guest enters the property before the start date & time or remains in the property past the end date & time, the guest will pay for each day or partial day an amount equal to the amount the manager pays to other guests resulting from guests 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 fields, such as rental, taxes, airfare and anything related to its occupancy. If a guest purchases Vacation Rental Insurance from a manager, coverage is provided by CSA Insurance. Their carriers and insurance agents (CSA) are 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. The manager is authorized to charge guests' cards as indicated and for overages incurred. If paying by check, the guest will make payment by the dates indicated and, if unpaid, the manager may charge payments to guests' credit cards. If guests fail to pay by the deadlines, or guests' check or credit card is declined by its bank, the manager may offer guests' dates to any third party without notice to guests as provided in these Terms and Conditions. Guest will be charged a $100 fee for returned checks, dishonored credit card charges and chargebacks.
CREDIT CARDS: A 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 canceled or charges dishonored or disputed with the guest's credit card issuer. Should the guests' card expire or be terminated, guests will provide the manager with the name, number, code and expiration date of a replacement card that can then be used as payment for Guests' charges.
SUPPLIES: For hotel-style rooms, a manager supplies a reasonable supply of sundries such as paper towels, toilet paper and coffee filters. For cabins, condos and homes, a manager provides a supply of sundries sufficient for a single day's use by guests and registered invitees. Guess will provide additional sundries greater than those noted above. Guests and invitees are reminded to bring sunscreen, toiletries, food, soap, laundry detergent and other personal items.
SERVICE ORDERS: Property may be distant from a manager's office, staff and service personnel or vendors. Guest (but not invitees) may request services or assistance and a manager will make a reasonable effort to respond during usual business hours and within the limitations of time, distance and expense as it deems reasonable. Guests accept that the Manager may be unable to address issues during a guest's occupancy and agrees to be self-reliant in dealing with immediate needs. A manager's inability to address requests during occupancy will not be a reason for the reduction of the use or other fees. In the event guests request service for non-essential services and the Manager is able to provide it, guests will be charged for the staff and vendor time and materials incurred. Guests 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 a guest. Unless approved by the manager in writing in advance, the manager will not reimburse guests for guest expenditures.
OVERAGES:Guests agree to pay for any and all charges incurred or caused by guests during their stay (overages). Such charges may include, but are not limited to, guests' unpaid resort charges or penalties, occupancy exceeding that stated in the confirmation, extra disclosed and undisclosed occupants, 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 a 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, the manager may immediately charge guests' credit card or at a manager's option, make verbal or written demand to guests' for payment of overages. In the event a manager is unable to accurately ascertain overages at the time they are discovered the 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. Guests are obligated to telephone a manager 24 hours in advance of scheduled arrival to confirm keys and access, then to check-in as instructed, complete the guest checklist and immediately notify the Manager in person or by phone of irregularities or problems. Guests must check out as instructed and return the checklist to the Manager in person or within seven days by fax, mail or email attachment. Failure to return the 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, guests must telephone the manager 24 hours in advance to ask permission for the early arrival or late departure. If unavailable, guests will not be charged.
ISSUES: During occupancy, guests agree to immediately notify a 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 guests to charges for repair or replacement and discharge a manager from any obligation to respond.
DAMAGES: Property(s) contains artwork, furniture and fixtures, machinery and equipment and other assets. Guests will pay for any damages caused. This includes repairs, replacements, eviction, services calls, fines, assessments, cleaning, maintenance, customer service, accounting and other staff time at the manager's usual rates and costs, plus taxes and the handling and loss of subsequent income during the repair period. Guests also agree to pay additional fees for violations of the Terms & Conditions, such as allowing unapproved pets in the property or on its property (minimum $500), exceeding stated pet limits or smoking in the property, violation of noise rules (minimum $500), according to the manager's rate and a schedule of a copy of which is available to guests upon request.
INSPECTION: Because the booking is for short-term lodging, a 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. Guests accept the property as-is, and the manager will not alter the property to accommodate guests' 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 the owner or prior guests. A manager will endeavor to have these amenities functioning but cannot 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 a reason for reduction of the use fee nor cause the payment of damages to guests. Due to the complexity of internet advertising, which may replicate without the manager's approval, the manager takes no responsibility for such ads; guests are to rely on the manager's website only.
LOST & FOUND: Properties do not have safes, so guests agree not to bring valuables. A manager does not accept responsibility for the loss of articles left at the property. A manager may hold found articles for a period of 30 days. Guests may contact the manager to identify and claim lost items. Identified articles will be shipped at guests' cost. Articles unclaimed for more than 30 days will be discarded, donated to charity or sold as the manager sees fit, with the manager retaining proceeds as a handling fee.
PROPERTY EXPENSES: A guest is not liable for normal and usual utilities, maintenance or operating costs unless guests' usage is greater than normal and usual for the number of invitees. Guests will follow the manager's rules and instructions for the use of utilities and is responsible for repair costs or an energy surcharge that the manager may levy due to guests' use. Should the property expenses be greater than normal, a manager may levy a charge to guests sufficient to cover excess costs plus handling.
CANCELLATION POLICY & LATE PAYMENT: Should a guest fail to pay as agreed, or requests a cancellation, A manager may sell guests' dates to any third party. If A manager is able to re-sell guests' dates at net rates of at least equal to those charged to guests, the manager will refund guests' use fee less a re-booking fee as specified by a 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 a manager is unable to re-sell guests' dates; guests remain obligated for payment in full. In the event the property becomes unavailable for use for any reason, the manager may cancel the booking and return guests' payments, or may transfer guests' booking to a comparable or better property of the Manager's choosing.
TERMINATION: A manager reserves the right to immediately terminate the booking and occupancy of guests and invitees without notice in the event that a manager believes the guests or invitees have done or intend to do any act that violates these Terms & Conditions, manager rules, verbal or written instructions given to guests 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 homeowners group, or resort management. If terminated, the manager may enter the property without notice and require guests and invitees to immediately vacate the property. Should guests fail to vacate, law enforcement officials may remove guests & invitees. Guests will not be entitled to a refund for any payments if this agreement is terminated. The guest may not terminate the booking without the expressed written consent of a manager.
INSURANCE: Property owners must maintain the reasonable and usual property and casualty insurance on the premises but not theft insurance. Guests hereby agree and relieve the manager and owner and waive their entire right of recovery against the manager and owner. This includes 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 a state where the property is located, whether due to the negligence of the owner, manager and its agents, employees or otherwise. Guests agree to maintain personal homeowner or renters insurance that covers managers and owners in the event of damage, destruction or liability caused by guests' actions, whether intentional or not; and will provide the carrier’s name to the manager upon request. In no case will a manager or owner be responsible for loss of use, inconvenience, damage, injury, disability or death of a guest resulting from guests' 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. Guests authorize the manager to check conduct, credit, criminal and court records prior to and after granting occupancy and authorizes a manager to report guests. Compliance with this agreement to its staff, network offices, third parties and reporting organizations as it sees fit. The Terms & Conditions supersede all previous agreements between the parties. A manager may make modifications to the Terms & Conditions at any time by notice to guests or by posting to the property’s website. Failure to enforce any of the Terms & Conditions, confirmation, resort, association or managers' 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 King County, Washington State. Disputes are to be submitted to courts there, or at a manager's option, in the county & state where the contracting office is located. Any claims 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, guests will pay owners and managers staff time charges for collection letters, faxes, emails, phone calls, meetings and court time, late charges, damages, manager staff collection time, reasonable attorneys fees, pre and post judgment interest at twelve percent (12%) per annum, attendant court and other costs and expenses.
Revised 11/31/17. Form 11185 copyright Istay 201711211355
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