Pine Dog LLC Huron Sands Vacation Rental Agreement Property Name: Huron Sands Vacation Rental

Transcription

1 Pine Dog LLC Huron Sands Vacation Rental Agreement Property Name: Huron Sands Vacation Rental The individual who is executing the Vacation Rental Agreement MUST BE 30 years of age or older (a copy of drivers license may be requested). The information you provide is for safety and liability purposes; it is not shared or released in any form to any other party or entity. This Vacation Property Rental Agreement is for the property located at: 400 N. Huron Road, Au Gres, MI Please read this agreement in its entirety. In accordance with HomeAway/VRBO agreement by reserving and allowing the initial payment to be taken by HomeAway/VRBO you are agreeing to all terms and conditions of this Vacation Rental Agreement hereinafter referred to as the Agreement. Your reservation will be confirmed via HomeAway/VRBO, a deposit or initial rental amount payment plus a $25.00 non-refundable administrative fee, and HomeAway/VRBO service fee will be charged at the time of the reservation. If you are planning to bring your pet(s) (per the Agreement, no more than 2 dogs), you will need to make the owner aware and a non-refundable fee of $75.00 per dog will be added to the quote. Keep a record of this Agreement for yourself. If a credit card is used for this transaction, Owner requires that the individual who is executing the Vacation Rental Agreement also be the individual whose name appears on the credit card. THIS IS A VACATION RENTAL AGREEMENT. THE RIGHTS AND OBLIGATIONS OF THE PARTIES TO THIS AGREEMENT ARE DEFINED BY LAW AND INCLUDE UNIQUE PROVISIONS PERMITTING THE DISBURSEMENT OF RENT PRIOR TO TENANCY AND EXPEDITED EVICTION OF TENANTS. YOUR SIGNATURE, PAYMENT OF MONEY, OR TAKING POSSESSION OF THE PROPERTY AFTER RECEIPT OF THE AGREEMENT IS EVIDENCE OF YOUR ACCEPTANCE OF THE AGREEMENT AND YOUR INTENT TO USE THIS PROPERTY FOR A VACATION RENTAL. Check-in / Check-out Procedure 1. Check-IN: Check-in time is 3:00pm on the day Primary Renter s scheduled reservation begins. No early check-ins without prior consent of Owner(s). 2. Check-OUT: Check-out time is 11:00am on the day Primary Renter s scheduled reservation ends. Any delay in check-out, without prior consent of Owner(s) shall result in Renter(s) being charged an additional $150. Cancellation Policy If you need to cancel for any reason after receipt of your reservation, your RENTAL FEES CANNOT BE REFUNDED. While every effort will be made to identify an alternative rental date for the same period of time as the original reservation, this action is not a requirement under this Agreement. CANCELLATION OF THIS RENTAL AGREEMENT. Renter agrees that they may not assign this Agreement nor sublet the unit, property or premises. If Renter must cancel the reservation, the cancellation must be in writing to the Owner. Cancellation received orally will be permitted in an emergency situation, but must be followed up in writing. All funds received at or before the time of cancellation are non-refundable. While every effort will be made to identify an alternative rental date for the same amount of time as the original reservation, this action is not a requirement under this Agreement. Copyright Pine Dog LLC (2017). All Rights Reserved. Page 1 of 7

2 USE AND ENJOYMENT OF UNIT, PROPERTY OR PREMISES USE OF PREMISES. RENTER MUST BE AT LEAST 30 YEARS OF AGE and will comply with all local laws, ordinances and community rules regarding the use of the unit, property or premises. Failure to adhere to these rules will be considered sufficient cause for immediate termination of Renter s stay and all monies paid will be forfeited. Renter will comply with all Owner s set rules as follows: 1. PARTIES AND DEFINITIONS. Owner (Landlord); Renter (You, your family, guests, invitees or any person occupying the unit, property or premises during Renter s tenancy). 2. OCCUPANCY. The property may NOT be occupied by more persons than the number stated on the website or other marketing material(s) as "Sleeps" or "Occupancy". If you have more persons occupying the property than the number listed on any of the property marketing material(s), you will be subject to expedited eviction at the Owner's discretion with all monies paid forfeited. 3. QUIET ENJOYMENT. Renter shall be entitled to the quiet enjoyment of the rental unit, property or premises. Any disturbances made by the Renter resulting in police action, neighborhood complaints or any violation of the rules, regulations or policies is considered sufficient cause for immediate termination of your stay with all monies paid forfeited. 4. FURNISHINGS. The unit is furnished by the Owner and is equipped for light housekeeping. All paper goods, food items and beach towels are the responsibility of the Renter. 5. GAS GRILL: This is provided for the Renter s use and convenience. The propane tank is turned off at the tank for safety. Grilling utensils are located either in the grill or the utility/laundry room. 6. USE OF GRILL. Grilling is permitted in the designated area on the deck where the grill is located. One full propane tank will be provided by the Owner. If the tank needs to be re-filled, the Renter will be responsible for the re-fill, but it is not necessary to re-fill prior to check-out. Prior to departure, you shall clean the grill and the grilling utensils to return them to their original condition at check-in. 7. CLEANING. Renter shall be responsible for returning the rental unit, property and premises to the same condition as originally found at check-in. A $150 non-refundable cleaning fee will be included upon reservation. Any undue or unreasonable cleaning that may be necessary as a result of the Renter s stay will be cause for an additional cleaning fee of $50 per hour, with a one (1) hour service minimum. 8. LOCKED AREAS. Renter may not be provided a key for Owner s personal storage spaces. Any attempt to enter locked areas is cause for immediate termination of this Agreement, forfeiture of all monies paid, and Renter s will be liable for any damage and/or missing items. 9. BALANCE. The balance of your rent, taxes, and other charges will be due 60 days prior to your arrival date. You may pay this balance by personal check, Visa, Discover or MasterCard. All payments must be made in U.S. Funds. Total balance due of rent and applicable Damage Deposit, taxes and fees are due 60 days before arrival date. Reservations made within 60 days prior to arrival date must be PAID IN FULL at the time of making the reservation. If no payment is received within the allowed time period, the reservation will be cancelled without notice. You shall be responsible for payment of all applicable rental fees according to rates in effect at the time of occupancy. 10. INDEMNIFICATION. You agree to release, forever discharge, indemnify and hold harmless, Landlord, Owners, Directors, Officers, Employees, Agents, Affiliates, Shareholders, Successors, Heirs and Assigns from and against all causes of action, debts, chooses in action, liabilities, loss, damage, injury, cost, expense, claims, damages and Copyright Pine Dog LLC (2017). All Rights Reserved. Page 2 of 7

3 demands, whatsoever arising from or related to any claim or litigation which may arise out of or in connection with your use and occupancy of the unit, property, premises, amenities and/or recreational equipment, including but not limited to any claim or liability for personal injury, death, damage or loss of property incurred or sustained by you, your family, guests or invitees, and without regard to whether such persons have authority under this Agreement to be in or on the unit, property or premises. 11. LARGE GROUPS & PARTIES PROHIBITED. Absolutely NO HIGH SCHOOL GROUPS, COLLEGE GROUPS, SINGLES GROUPS, WEDDINGS, WEDDING RECEPTIONS, LARGE GROUP GATHERINGS, BIRTHDAY PARTIES OR OTHER PARTIES OF ANY KIND ARE PERMITTED in or on the vacation rental unit, property or premises. Misrepresentation will result in Renter being asked to vacate the subject unit, property or premises immediately with all monies paid forfeited. 12. EXPEDITED EVICTIONS. Any Renter who leases residential property subject to a vacation rental agreement for 30 days or less may be evicted, have tenancy terminated, and be removed from the property in an expedited eviction proceeding if you do any of the following: 1. Holds over possession after the tenancy has expired. 2. Has committed a material breach of any of the terms of the vacation rental agreement. 3. Fails to pay rent as required by the agreement. 4. Has obtained possession of the property by fraud or misrepresentation. 13. PARKING. All vehicles and license plate numbers may be requested by Owner. Parking is limited to a total of three (3) vehicles, unless otherwise approved by Owner. All vehicles must park in designated paved or gravel driveway areas on the property. No parking is allowed on any lawn areas. 14. RECREATIONAL VEHICLES. The use of recreational motor vehicles, trailers, mobile homes, trucks with camper inserts in the bed, and other vehicles or structures that provide sleeping accommodations (including tents), for any purposes other than transportation, are prohibited. Over-occupancy of vacation rental unit, property or premises includes occupying vehicles or structures of this type and subjects you to eviction for violation of the occupancy limits with all monies paid forfeited. 15. RENTER DUTIES. Renter agrees that subject vacation rental unit, property or premises will not be used or occupied by more than the maximum allowable number of occupants set forth in this Agreement or on the published unit listing this includes Renter, Renter s family (including all children), and Renter s guests. Renter shall care for the property as if it were their own, and to leave it undamaged, clean and keep conditions safe throughout your tenancy. All trash shall be removed from inside the unit, property or premises and disposed of in designated outdoor trash containers. Renter shall clean the grill, wash the dishes and return furnishings to their original locations prior to departure. Renter shall not deliberately destroy, deface, damage, or remove any part of the property, facilities or amenities or render inoperable the smoke detectors or other safety equipment provided by the Owner or permit any person to do so. Renter agrees to reimburse Owner the amount of all intentional or wanton damages. The property shall not be used for any commercial purposes or for any activity or purpose that is in violation of any regulation or other requirement of any governmental authority having jurisdiction over the property or premises. Renter agrees to abide by the Owner s rules and any and all local regulations. All equipment in or on the unit, property or premises should be in good working order. Renter shall report any inoperative equipment to the Owner promptly. Owner will make every reasonable effort to have repairs made as soon as possible; however, service contractors may have limited availability. RENTER SHALL NOT BE ENTITLED TO ANY REFUND FOR INOPERATIVE APPLIANCES (including hot water tanks, refrigerators, ranges, dishwashers, televisions, cable service, wireless internet service & cellular service), AIR CONDITIONERS, FANS, RECREATIONAL ITEMS (including kayaks, canoes, row boats & inflatables), ETC. 16. OWNER DUTIES. Owner shall comply with all applicable building and housing codes, and make all repairs and do what is necessary to keep the property in safe, fit and habitable condition. The Owner shall maintain in good and safe working order and reasonably repair all electrical, plumbing, sanitary, heating, ventilation and other facilities and major appliances supplied by him or her upon written notification from you that repairs are needed. The Copyright Pine Dog LLC (2017). All Rights Reserved. Page 3 of 7

4 Owner shall provide smoke detectors and replace as needed batteries in a battery-operated smoke detector and make repairs or replacement of same as needed upon written notification from you. 17. SALE OF PROPERTY. If unit is actively listed for sale, listing agent may request an appointment to show property during tenancy. Transfer of property is subject to a vacation rental agreement: The buyer of the subject property shall take his or her title subject to the vacation rental agreement if the vacation rental is to end not later than 180 days after the interest in the property is recorded in the office of the registrar of deeds. If the vacation rental is to end more than 180 days after the recording of the buyer s interest, you shall have no right to enforce the agreement unless the buyer has agreed in writing to honor such terms. If the subject property is placed under contract for sale after the time of execution of this agreement you will be notified in writing of the following within 10 days after the transfer of the property: 1. The notice of property transfer, the name and address of the buyer, and the date the interest was recorded. 2. Advise you whether you have the right to occupy the property subject to the terms of the lease agreement. 3. Advise you whether you have the right to a refund of any payments made. 18. UNAVAILABILITY OF RENTAL PROPERTY. Conditions surrounding the unilateral cancellation of this agreement by you as the Renter is covered under the Cancellation Policy on page 1 of the rental Agreement. If the subject property becomes unavailable or unsuitable for rent for any reason whatsoever, including but not limited to casualty loss, construction delays, physical deterioration or loss of utility services, the Owner s liability will be limited to the return of all monies paid on account at the time of cancellation. 19. PET FRIENDLY RENTAL PROPERTY. Our properties are dog friendly and have a $75 non-refundable pet fee per dog per stay for this privilege. Pets are strictly limited to two (2) adult house-trained dogs only. NO other types of pets are allowed. Any violation of the PETS policy rule will be grounds for immediate eviction with all monies paid forfeited. Absolutely no other types of animals are permitted in or on the unit, property or premises. 20. SMOKING & TOBACCO. SMOKING AND TOBACCO USE OF ANY KIND ARE STRICTLY PROHIBITED IN OR ON THE UNIT, PROPERTY OR PREMISES. For safety purposes and in consideration of the property and future guests, we ask that you refrain from smoking or using tobacco in any way IN, ON, or AROUND the property, premises, home, structures or grounds. The property is considered non-smoking throughout. If you must smoke or use tobacco products, please do so outside of and away from the unit/property /premises and dispose of smoking and tobacco remnants responsibly. Failure to honor the non-smoking rule, or any evidence of smoking in, on, or around the property, will result in a MINIMUM additional $150 charge to the credit card on file. USE AND POSSESSION OF ILLEGAL DRUGS IS ALSO STRICTLY PROHIBITED and is grounds for immediate eviction with all monies paid forfeited. 21. KEYS & LOCK-OUTS. A keyless entry is provided at one entrance door on the property. The Renter booking the property will be given a secure code prior to their stay. Once initial entry is gained, please text or call the Owner to check-in and let them know you have made entry. For lockout situations, contact the Owner for instructions. 22. FIREPLACE OR WOOD STOVE OPERATION PROHIBITED. Renter is prohibited from starting any fire in any interior fireplace, wood stove or wood stove insert. Such action is grounds for expedited eviction with all monies paid forfeited. 23. CABLE TV & WIRELESS INTERNET. Basic cable television and wireless internet service is provided to the property at no additional charge. For the Renter s enjoyment, use of the On Demand library of movies and shows is permitted at the Renter s discretion and expense. Any additional charges incurred for movie purchases will be billed to Renter. Owner is not responsible for content of movies and shows viewed by Renter or their guests. Renter is not permitted to subscribe to additional cable services, such as Premium Channels or Special Event Programs, or to change any programming or log-in details for any of these services. Copyright Pine Dog LLC (2017). All Rights Reserved. Page 4 of 7

5 24. OWNER ACCESS. Renter agrees that Owner may access the vacation rental unit, property or premises at any time in the event of an emergency as determined solely by the Owner without repercussion or refund. In nonemergency circumstances, Renter agrees to allow access to the unit, property or premises by Owner and their agents upon 24 hours notice by telephone or in person. Agents include but are not limited to, service contractors, plumbers, electricians, pest inspectors, etc. Owner reserves the right to inspect the unit, property or premises and its interior upon 24 hours notice to Renter. Renter agrees not to deny access. If Renter refuses to allow access to Owner or any agent designated by Owner, the Owner reserves the right to terminate the Renter s vacation rental reservation immediately and require expedited eviction of Renter with all monies paid forfeited. 25. FALSIFIED RESERVATIONS. Any Renter reservation obtained under false pretense will be subject to the immediate cancellation of Renter s reservation(s), the forfeiture of advance payment(s), deposit, and/or any rental monies paid, and the Renter(s) will not be permitted to check-in. 26. REPRESENTATIONS. This lease Agreement contains the entire Agreement of the parties and there are no representations, inducements or other provisions other than those expressed in writing as contained herein. Owner, whether oral, implied or inferred, has made no representation, agreements, undertaking or promises, unless expressly stated herein. Michigan and some local laws may require the collection of sales and use tax and a lodging tax on the gross rental amount, due and payable by you. If required, this sum must be paid with the balance of your rent and other charges within 30 days of the rental stay. 27. ENFORCEMENT. This agreement shall not be binding unless and until the Owner has received an initial reservation payment. Renter acknowledges you may not have possession of the premises until the full rental amount set forth herein, including all taxes and fees, has been paid and rental Agreement has been executed. The balance payment of your rent will be due 60 days prior to your check-in date. Reservation is subject to be cancelled if Owner has not received full rental amount set forth herein, including all applicable taxes and fees. 28. WAIVER OF LIABILITY. Renter agrees to assume all responsibility and outcomes for the use or misuse of any vacation rental equipment, facilities and/or amenities, including but not limited to any recreational equipment or devices, spas, tubs, showers, screen rooms, housing, stairs, decks, boat houses, garages, pools, lakes, boats, kayaks, canoes, row boats, paddles, inflatables, fire pits, grills, and bikes herein called a special feature, if so equipped. You understand that there are special risks that may be involved in using the special feature, as well as using other areas of the unit, cottage, property or premises. In particular, you understand that there are potential dangers that the special feature may present to children who are not carefully supervised as well as the danger to any person using the special feature, or if a person has health risks or if a person uses the special feature while intoxicated or using any kind of drugs or medication, or uses the special feature if pregnant. You agree to explain the risks of using the special feature to any guests you may have at the unit, cottage, property or premises and to be fully and solely responsible for any accidents you as the Renter, your family, guests or invitees may incur, including any property damage, physical injury or death from drowning or other cause. You understand the risks discussed above and agree that you will assume all responsibility for yourself and any and all family members, guests and/or invitees for the consequences of those risks. You agree to waive any claim whatsoever against the vacation rental Owner for accidents or claims arising from you as the Renter, your family s, guest s or invitee s use of any special feature. You also understand and agree that you are responsible and liable and will pay the Owner upon request for any damages that occur to any special feature and its support equipment through you, your family s, guest s or invitee s misuse and/or negligence, including but not limited to the loss of recreational equipment such as kayaks, paddles, etc. 29. HOLD HARMLESS. The Owner attempts to properly maintain the vacation rental unit, property and premises. The Renter agrees to immediately notify the owner of any maintenance problem, so that the situation can be remedied as soon as possible. Owner is not responsible for any inconveniences that may occur for which they have Copyright Pine Dog LLC (2017). All Rights Reserved. Page 5 of 7

6 no control and that can lead to a partial or complete cancellation of Renter s reservation. This includes, but is not limited to power outages, impacts from adverse weather conditions, road conditions or closures, natural disasters or other acts of God, mandatory evacuation, construction, mechanical failures such as loss of hot water, television service, etc. No refunds will be given for occurrences beyond the Owner s control. Owner shall not be held liable for any injuries that may occur to Renter, their family, guests or invitees as a result of the acts of said Renter, their family, guests and/or invitees. Owner is not responsible for any theft or damage to Renter s belongings during their stay at or on the vacation rental unit, property or premises. 30. CHECK-IN / CHECK-OUT / LATE ARRIVAL. Check-in time is 3:00pm or after on the beginning date of Renter s reservation. In order to allow sufficient time Owner may reserve the right to have until 4:00pm when necessary to prepare the vacation rental property for Renter s use. Renter may enter the property only after 3:00pm on the beginning date of reservation, unless otherwise approved by Owner. Entering property before authorized check-in will result in eviction for trespassing. Upon arrival, vacation rental rules will be available to the Renter. Check-out time is 11:00am or before on the ending date of Renter s reservation. Before departure, Renter is responsible for such items as placing all trash/debris in designated outdoor trash containers, washing/putting away all dishes, removing any sand from floors, bath fixtures and decks, cleaning the grill and utensils (if used), and ensuring the unit, property and premises is returned to its check-in condition. Check-out beyond 11:00am will result in a $150 extended occupancy charge. 31. FIREWORKS & OUTSIDE FIRES. USE OF FIREWORKS OF ANY TYPE ARE STRICTLY PROHIBITED in or on vacation rental unit, property or premises and is grounds for immediate eviction with all monies paid forfeited. With the exception of properly designated areas defined for recreational camp fires, such as fire pit rings or portable metal fire pit containers, no outdoor ground fires or torches are allowed on the property or premises. When using designated camp fire pits, only wood is approved to be burned in any of the fire pits -- all other materials, including trash of any kind, are prohibited. 32. STATES OF EMERGENCY. If state or local authorities order a mandatory evacuation of an area that includes the subject vacation rental property, Renter will comply with the order and will not be entitled to any refund. Renter will monitor local weather reports and be solely responsible for compliance with any alerts, watches or warnings related to tornados, fires, lightning threats and/or swimming, boating or water-use advisories due to high winds, waves and/or riptides. 33. ATTORNEY S FEES. In the event of your breach of the terms and conditions of this Agreement, you shall be liable for any and all damages incurred by Owner resulting from such breach, including all court costs and expenses, and including reasonable attorney s fees. 34. SYSTEMS FAILURES. In the event the vacation rental unit sustains a failure of a system, including but not limited to water, sewer, septic, electrical, plumbing, mechanical, heating, ventilation, air conditioning, or other system or structural components or systems, the Owner shall not be liable to you in damages and no refunds will be given in the event of such failures, even if they interfere with Renter s occupancy of the unit, property or premises. However, Owner will make an effort to promptly repair or replace a failed system or equipment, and in such event, you agree to permit Owner or their service agent to have reasonable access to the unit or property to inspect and make such repairs. 35. ACTS OF GOD. Owner shall not be liable for events beyond their control which may interfere with Renter s occupancy of the property such as weather, floods, other natural disasters or acts of God, acts of governmental agencies, fires, strikes, protests or war. No refunds shall be given for such occurrences and Renter is encouraged to obtain trip interruption or vacation insurance to cover such risks. Copyright Pine Dog LLC (2017). All Rights Reserved. Page 6 of 7

7 36. DISPUTES. This Agreement shall be governed by and interpreted in accordance with the laws of the State of Michigan and shall be treated as though it were executed in the County of Arenac, State of Michigan. Any dispute or action filed relating to this Agreement shall be instituted and prosecuted in the General Court of Justice within the State of Michigan, and the County of Arenac shall be the sole venue for such action. Renter, by execution of this Agreement, specifically consents to such jurisdiction and venue and to the extraterritorial service of process should such service become necessary. 37. USE OF PHOTOS/REVIEWS. Renter agrees to release Owner from any obligation of attribution, royalties or payment of any kind for the commercial or promotional use of photos and reviews provided to Owner by Renter or Renter s family or guests, whether such photos or images include identifiable persons, individual likenesses or personalities. Owner may use such images or reviews on their digital and/or traditional marketing media, including but not limited to websites, printed publications or brochures, any digital formats, billboards, newsprint, blogs, any social media platforms, mailed materials, broadcast TV or radio, etc. 38. RESPONSIBILITY. Property amenities, pricing, availability and all other specifications are subject to change solely at the Owner s discretion. No warranty is made, expressed or implied, as to the suitability (habitability) of the vacation rental unit, property or premises. 39. SURVIVAL. If any clause or term in this Agreement is contrary to law, the remainder of the Agreement shall remain in full force. 40. AUTHORIZATION: PLEASE SIGN BELOW: This vacation rental Agreement is executed under the authority granted by a Property Management Agreement between Owner and Renter and is subject to the terms and conditions of said executed Agreement. THE SIGNATURE BELOW MUST MATCH THE TENANT/RENTER LINKED TO THE RESERVATION NUMBER ENTERED ON THE HOMEAWAY/VRBO SITE. UPON INITIAL APPROVED PAYMENT TO HOMEAWAY/VRBO, YOU HAVE AGREED TO ALL TERMS, CONDITIONS AND POLICIES OF THIS AGREEMENT/DOCUMENT. Primary Renter Signature & Date (For renter(s) records only) Co-Renter Signature & Date (If Applicable) (For renter(s) records only) Copyright Pine Dog LLC (2017). All Rights Reserved. Page 7 of 7