Guest’s
rental of the Property (as defined below) from Bennington Properties, LLC
(“Bennington”) is made subject to the following terms and
conditions:
1. Authorized Use. Guest will use the Property only as a
personal vacation residence. Guest will use the Property for lawful
purposes only and will comply with any and all Legal Regulations (as defined
below). Guest will not damage or destroy the Property (or permit another to
damage or destroy the Property) or create a nuisance on or about the
Property. Guest will not permit the Property to be occupied beyond the
Property’s maximum occupancy. Only Guest and his or her authorized guests
may reside at the Property. Guest will not assign any interest in, or
sublet any part of, the Property. For purposes of this Vacation Rental
Agreement (this “Agreement”), the term “Property” means the vacation rental
identified on Guest’s confirmation and any and all Equipment (as defined
below); the term “Legal Regulation(s)” means any and all laws, statutes,
ordinances, codes, regulations, orders, rules, covenants, conditions,
bylaws, easements, declarations, leases, liens, and restrictions directly or
indirectly affecting or concerning the Property and/or the Property’s use,
renting, occupation, maintenance, ownership, and/or control.
2. Guest Inspection. Guest will, on arrival, examine the
Property and will immediately report any damage discovered and any Equipment
not in operating condition. Reporting damages does not give Guest the right
to cancel his or her reservation or receive a refund of any payments made.
If Guest fails to report any Property damage, Guest will be responsible for
any Property damaged discovered after Guest’s tenancy.
3. Guest – General Duties. Guest will maintain the
Property in a good and clean condition, and will use the Property in a
careful and lawful manner. Guest will pay for any damage to the Property,
including, without limitation, any necessary or appropriate maintenance
and/or repairs. Guest is responsible for securing the Property. Guest will
be responsible for any losses incurred due to Guest’s failure to properly
secure the Property. Upon termination of Guest’s occupancy, Guest will have
the following obligations in addition to any other applicable obligations
under this Agreement: (a) Guest will leave the Property in a good and clean
condition and in the same condition (less ordinary wear and tear) as
received by Guest upon Guest’s arrival; (b) Guest will place his, her, or
their waste and trash (and any waste and trash of Guest’s guests) in the
appropriate trash container(s); (c) Guest will return all keys and opening
devices to the Property; and (d) Guest will vacate the Property and
surrender it to Bennington empty of all persons and Guest’s personal
property.
4. Operation of Equipment. Guest will use and/or operate
all furniture, furnishings, appliances, bikes (and any related equipment),
and all mechanical, electrical, gas, and plumbing fixtures and equipment
located on or at the Property (collectively, “Equipment”) safely and for
their intended use. If Guest does not know how to properly use and/or
operate any Equipment, Guest will contact Bennington for instructions
concerning such Equipment’s use and/or operation. Any damage caused to
Equipment through Guest’s misuse will be Guest’s responsibility. If Guest
finds any Equipment that is not working properly, Guest will contact
Bennington immediately at 541-593-6300.
5. Property Alterations. Guest will not make any
alterations in or to the Property, including, without limitation, moving
furniture, paintings, wallpapering, adding or changing locks, installing
antenna or satellite dish(es), placing signs, displays, or exhibits, or
using screws, fastening devices, nails, or adhesive materials.
6. Noise and Disturbances. Guest will behave in a
civilized manner and will be a good neighbor respecting the rights of
surrounding property owners and guests. Guest will not disturb, annoy,
endanger, and/or interfere with surrounding property owners and guests.
Bachelor or bachelorette parties and parties involving large quantities of
alcohol are not permitted in or at the Property. If excessive noise or
disturbances occur resulting in notification by police or neighbors, Guest
will vacate the Property and will forfeit the reservation and any monies
paid.
7. Hot Tub. If the Property contains a hot tub, Guest’s
use of the hot tub is at Guest’s sole risk. Bennington makes no
representations or warranties concerning the condition and/or use of the hot
tub. Guest is fully aware that the hot tub and surrounding patio/deck may
be dangerous. Guest must be cautious when entering and exiting the hot
tub. Guest is aware that use of the hot tub may result in injury or death.
Guest will learn about safety precautions and safety procedures concerning
sitting in or being around the hot tub. If at anytime the hot tub looks
cloudy or dirty, Guest will cease any further use of the hot tub and will
call Bennington immediately at 541-593-6300. The hot tub is cleaned and
serviced by professional hot tub companies and Bennington is not responsible
for its service or condition. A $25.00 per night refund will be issued for
every 24 hours the hot tub is not working during Guest’s stay, if
applicable.
8. Indemnification. Guest will defend, indemnify, and
hold Bennington, and Bennington’s members, managers, employees, agents,
contractors, and authorized representatives, harmless for, from, and against
any and all claims, actions, proceedings, damages, liabilities, injuries,
losses, and expenses of every kind, whether known or unknown, including,
without limitation, reasonable attorney fees, resulting from or arising out
of, whether directly or indirectly, the following: (a) any injury or death
to any person; (b) any loss, theft, vandalism, and/or damage to the
Property; and/or (c) Guest’s breach and/or failure to perform any Guest
obligation under this Agreement.
9. Inspection of Property. Bennington and Bennington’s
representatives and agents may enter the Property, at any time with or
without prior notice, for any of the following purposes: (a) making
necessary or agreed maintenance, repairs, decorations, alterations, or
improvements to the Property, or to supply necessary or agreed services; (b)
to verify that Guest has complied with the terms of this Agreement; and/or
(c) in case of an emergency (as determined by Bennington).
10. Weather and Property Conditions. Bennington will not
provide any refunds due to the occurrence of any of the following events:
(a) inclement weather; (b) malfunction of Equipment and/or any Property
amenities (e.g., TVs, DVDs, computer equipment, telephone services, internet
services, etc.), air conditioning, kitchen appliances, electrical equipment,
hot tubs, and/or plumbing; and/or (c) failure of public utilities.
Notwithstanding the foregoing, Bennington will make a commercially
reasonable effort to ensure repairs are made and that all Equipment is kept
in good working order and condition. Bennington will not provide a refund
because of shortened stays or ruined expectations due to work or family
emergencies or other commitments. Bennington does not warranty amenities
provided by or through any homeowner associations, including, without
limitation, pools, hot tubs, club houses, tennis courts, golf facilities,
and picnic and bike paths.
11. Damages. Guest is responsible for all Property
damages, whether caused by Guest and/or his or her guests. Costs and
expenses incurred to repair or replace damaged Property will be billed to
Guest’s credit card on file with Bennington. After completion of any
necessary repairs or replacements, Bennington will send Guest a letter
describing the charges in reasonable detail.
12. Credit Card Required. A VISA, Discover, American
Express, or MasterCard is required as a guarantee that Guest will fulfill
Guest’s rental obligations. If Guest fails to perform any Guest obligation
under this Agreement or otherwise breaches the terms of this Agreement,
Guest authorizes Bennington to charge Guest’s credit card for any necessary
charges or damages. If the charges or damages exceed Guest’s credit limit,
Guest will pay the difference immediately upon Bennington’s demand.
13. Payment of Rental Amount. Guest will pay 35% of his or
her total reservation amount if Guest’s reservation is made more than 45
days in advance of Guest’s scheduled check-in date. Guest will pay Guest’s
total reservation amount not less than 45 days prior to Guest’s scheduled
check-in date. If Bennington does not receive payment of Guest’s total
reservation amount not less than 45 days prior to Guest’s scheduled check-in
date, Guest’s credit card will be charged for the unpaid balance of the
reservation amount. If Guest’s credit card is declined and/or payment in
full is not received within 45 days prior to Guest’s scheduled check-in
date, Guest’s reservation will be cancelled and any rental payment made will
be forfeited. Upon Bennington’s receipt of the payment of Guest’s total
reservation amount, Bennington will email Guest a final confirmation of the
reservation, along with the Property’s lock box code.
A
reservation may not be made by any person less than 21 years of age.
Reservations made by persons less than 25 years of age require a minimum
security deposit of $500.00, which deposit must be made by cash, cashiers or
travelers check. The amount of the security deposit will be determined by
Bennington in Bennington’s sole discretion. Security deposits must be
received by Bennington not later than 48 hours before the scheduled check-in
date. Upon receipt of the $500.00 deposit and final payment, final
confirmation of the reservation (including the Property’s lock box code)
will be emailed to Guest. Bennington will return the Security Deposit (or
the balance thereof) to Guest within 10 days after Guest’s check-out date.
14. Cancellation Policy. If Guest cancels his or her
reservation not less than 45 days prior to Guest’s scheduled check-in date,
Bennington will provide Guest a full refund of any rent paid, less a $50.00
processing fee. If Guest cancels his or her reservation less than 45 days
prior to Guest’s scheduled check-in date, Bennington will make a
commercially reasonable effort to rebook the Property for the number of days
equal to Guest’s scheduled reservation. If Bennington is able to rebook the
Property for the number of days equal to Guest’s scheduled reservation,
Bennington will provide Guest a full refund for any rent paid, less a $50.00
processing fee. If Bennington is unable to rebook the Property for the
number of days equal to Guest’s scheduled reservation, Guest will receive a
credit for the rental of the Property equal to the number of days reserved
and paid for by Guest. Any Property rental credit issued to Guest must be
used during the low or ski/shoulder season and within one-year of Guest’s scheduled check-in
date. Re-booking is limited to one time only.
15. Pets. Pets are not permitted in, at, or around any
pet-free properties. If the Property is a pet-free property and a pet is
brought in, at, or around the Property, Guest will be in breach of this
Agreement and Bennington may require Guest to immediately leave the Property
(or, if Guest fails to leave, Guest will be removed from the Property)
without refund. Guest is responsible for any and all injuries and/or
damages to person or property caused by any pet brought in, at, or around
the Property. Guest must clean and properly dispose of all pet excretions
immediately upon discovery. If the Property is pet-friendly, any dog
brought on the Property must be one year or older. Pets brought onto any
pet-friendly property must be registered prior to arrival. Bennington has
many dog-friendly properties available in Sunriver. Therefore, if Guest
discovers that he or she has mistakenly rented a pet-free property,
Bennington will make a commercially reasonable effort to help Guest find
accommodations for Guest’s dog. Any changes made within 45 days prior to
Guest’s scheduled check-in date will be subject to Section 14, Cancellation
Policy. Guest will comply with any and all applicable pet laws, ordinances,
regulations, rules, policies.
16. No Smoking. No smoking is permitted on, at, or in any
part of the Property.
17. Bikes. Guest’s use of any bikes (and related equipment
and accessories) located at the Property will be done at Guest’s sole risk.
Guest must carefully inspect all bikes (and related equipment and
accessories) before use. Guest acknowledges and agrees that the use of a
bike (and related equipment and accessories) may be dangerous and may result
in injury or death. Guest will observe and adhere to any and all laws,
rules, and regulations concerning the use and/or operation of bikes
including, without limitation, Oregon’s bicycle helmet law (which law
requires any person less than 16 years of age riding a bike or when a
passenger on a bike in any public place (e.g., streets, roads, sidewalks,
parks, etc.) to wear bicycle helmets labeled ANSI and/or Snell approved.
Guest will learn about safety precautions and safety procedures concerning
the proper operation of the bikes (and related equipment). Bennington is
not liable for, and makes no representations or warranties concerning, the
quality or safety of any bikes (and related equipment and accessories)
provided at the Property.
18. Parking Restrictions. Sunriver Rules and Regulations
prohibit parking on the roadways or common areas at any time. No
recreational vehicle, trailer, and/or boat may be parked at the Property
except for loading and unloading and for no longer than 24 hours. Contact
the Sunriver Homeowners Association at 541-593-2411 for information
concerning the storage of a recreational vehicle, boat, or trailer storage.
19. Early Check-In and Late Check-Out. Check-in time is
4:00 p.m. Check-Out time is 11:00 a.m. There are no exceptions made during
the busy seasons (especially Christmas, New Years, and summer). Guest may
call Bennington 24 hours before Guest’s check-in or check-out to inquire
about coming in early or staying longer. Bennington will consider early
arrivals or late departures only during off season months. Guest will
timely vacate the Property at the end of his or her scheduled reservation.
20. Lost and Found. Bennington is not responsible for any
lost, stolen, or damaged personal items. Any personal property Bennington
discovers after Guest’s tenancy will be held by Bennington for 30 days from
the date the item was found. If Guest does not claim his or her lost
personal property items within the 30-day period, Bennington will donate or
dispose of the personal property items. Guest will pay for any and all
shipping and handling charges necessary to return Guest’s items of personal
property.
21. Property Rules and Regulations. Guest will perform and
comply with the Property Rules and Regulations attached hereto as
Schedule 21 and any rules and regulations that are posted on or at the
Property and/or delivered to Guest from time to time.
22. Miscellaneous. Each provision contained in this
Agreement will be treated as a separate and independent provision. The
unenforceability of any one provision will in no way impair the
enforceability of any other provision. Any exhibits, schedules, and other
attachments referenced in this Agreement are part of this Agreement. This
Agreement contains the entire agreement and understanding between the
parties with respect to the subject matter of this Agreement and contains
all of the terms and conditions of the parties’ agreement and supersedes any
other oral or written negotiations, discussions, representations, or
agreements. This Agreement will be governed by and construed in accordance
with the laws of the State of Oregon, and venue for any action concerning
this Agreement will lie in Deschutes County, Oregon. If litigation or
arbitration is instituted to enforce or determine the parties’ rights or
duties arising out of the terms of this Agreement, the prevailing party will
recover from the losing party reasonable attorney fees incurred in such
proceeding to the extent permitted by the judge or arbitrator, in
arbitration, at trial, on appeal, or in any bankruptcy proceedings. If
there is more than one Guest, each Guest will be jointly and severally
liable for the performance of each and every Guest obligation arising out of
or under this Agreement. Time is of the essence with respect to each and
every Guest obligation contained under this Agreement. The termination of
this Agreement, regardless of how it occurs, will not relieve a party of any
obligations that have accrued before termination. If Guest fails to perform
any of his, her, or their terms, covenants, conditions, and/or obligations
under this Agreement, Bennington may, in addition to any other remedy
provided to Bennington under this Agreement, pursue any and all remedies
available to Bennington at law or in equity. All available remedies are
cumulative and may be exercised singularly or concurrently.