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Vacation Rental Partners LLC (“Vaystays”) Rental Contract
Updated July 15, 2014
Guest(s) understand that Vacation Rental Partners LLC (“the Company” or “Vaystays”) is not a party to this rental contract, and is merely acting as an agent for the parties.
Guest(s), in consideration of Owner permitting them to occupy the above property, hereby agrees to the following terms:
To pay as rental the sum listed on the site for the event to be rented.
2. SECURITY DEPOSIT
Guest(s) agrees to provide a credit card number for a deposit in the amount listed on the site for the event to be rented to secure Guest(s) pledge of full compliance with the terms of this agreement no later than one week prior to check in. If the security deposit is not provided in a timely manner, the Company reserves the right to terminate this contract and seek full legal damages. The security deposit will be used at the end of the tenancy to compensate Owner for any damages or charges.
If no damages are present, the Company will destroy the credit card number and remove the authorization. If the Company does need to access the credit card to repair any damages, the Guest(s) shall be fully liable for a 4% transaction fee in addition to the charges to repair any damages. The owners or the Company or their agents will inspect the property at the conclusion of each rental. Guest(s) will not be held responsible for items that break or become damaged through normal wear and tear. Any damage that appears malicious or excessive will be repaired with the funds held for damages and any amount that should exceed the amount held as a deposit will be collected from the Guests through all means available including legal action.
In the event Guest(s) and Owner cannot reach an agreement as to any disputed damage amount, such amount shall be determined by the Company in their sole discretion.
Guest(s) agree never to park or store a motor home, recreational vehicle, or trailer of any type on the premises without express permission; and to park only automobiles described as follows: ONLY ON THE PAVED DRIVEWAYS PROVIDED. GUEST(S) ACKNOWLEDGE THAT ANY VEHICLE PARKED ON ANY UNPAVED AREAS OR VEHICLE WITHOUT A CURRENT REGISTRATION MAY BE TOWED AND STORED AT GUEST’S EXPENSE. The number of automobiles allowed is listed on the website under the property’s details. Automobiles shall be defined for purposes of this section to include Trucks or other similar SUV models.
Guest(s) accepts premises in its current state of cleanliness and agrees to return it in a like condition. If the premises are returned in an excessively dirty condition, the Guest(s) shall be liable for any extra cleaning costs incurred by the Company or Owner.
No pets shall be allowed on the premises without prior written consent from Owner.
6. RESIDENT(S) OBLIGATIONS
The Guest(s) agree to meet all of Guest’s obligations; including:
A. Taking affirmative action to insure that nothing exists which might place the Owner in violation of applicable building, housing, zoning and health codes.
B. Keeping the dwelling clean, and sanitary; removing garbage and trash as they accumulate; maintaining plumbing in good working order to prevent stoppages and or leakage of plumbing, fixtures, faucets, pipes, etc.
C. Operate all electrical, plumbing, sanitary, heating, ventilating, a/c, and other appliances in a reasonable and safe manner.
D. Assuring that property belonging to the Owner is safeguarded against damage, destruction, loss, removal, or theft.
E. Conducting him/herself, his/her family, friends, guests and visitors in a manner which will not disturb others. Guest(s) warrants that he/she will meet the above conditions in every respect, and acknowledges that failure to do so will be grounds for termination of this agreement and loss of all deposits without further recourse.(GUESTS SHALL PAY ANY CITATIONS.)
Guest(s) agree not to assign this agreement, nor to sub-let the property.
8. COURT COSTS
Guest(s) agrees to pay all court costs and Attorney’s fees incurred by the Company in enforcing legal action of any of the Company’s other rights under this agreement or any state law. In the event any portion of this Agreement shall be found to be unsupportable under the law, the remaining provisions shall continue to be valid and subject to enforcement in the courts without exception. Guest(s) understand the Company is merely acting as agent for the parties and is not a party to this contract, and Guest(s) hereby agree to indemnify and hold the Company harmless from any and all damages not directly caused by the Company or the Company’s agents.
9. REMOVAL OF PROPERTY
Guest(s) agrees not to remove or alter in any way of Owner’s property. Any removal or alteration of Owner’s property without permission shall constitute a violation of this agreement.
Guest(s) agree and understand that this contract, upon receipt, is fully binding and no refunds shall be permitted unless Owner has chosen an alternative refund policy. If Guest(s) notify the Company of their desire to cancel the contract at least three weeks prior to the beginning of the rental term, the Company agrees that they shall use their commercially reasonable best efforts to rent the premises for the rental term to another interested party. If the Company is successful in renting the premises, Guest(s) shall be entitled to a refund for the rent received by the Company for the rental period less a $150 re-listing fee; provided, however, that Guest(s) shall in no way be entitled to an amount greater than their rental sum paid. In the event you at all unsatisfied with your stay, you must inform of us of any such complaints within 48 hours of the conclusion of your stay. In the event you do not promptly do so, the Company will not be responsible for any refunds in connection with your stay. In the event the Owner has chosen an alternative refund policy as listed in their listing, such refund policy shall supersede this section.
Guest(s) agree not to smoke in the house at any time. If Guest(s) smoke in the house, they shall be liable for an additional $300 cleaning fee.
12. UNDERAGE DRINKING/ILLEGAL DRUGS
Guest(s) agree not to allow anyone under the age of 21 to consume alcoholic beverages on the premises. Guest(s) agree not to use nor permit the use of any non-prescription drugs on the premises.
13. CHOICE OF LAW AND VENUE
This contract shall be governed by the laws of the State of Indiana. Any lawsuits or legal action brought under or related to this contract shall be brought in the State of Indiana and the county of St. Joseph, unless both parties mutually agree to a different venue.
14. DISRESPECTFUL BEHAVIOR
Guest(s) agree and understand that certain things won’t be tolerated, including (without limitation) disrespect of property, property owners, neighbors, or company management. Guest(s) shall be respectful at all times. In the event of disrespectful behavior, Guest(s) shall be liable for an additional $500 fee.
15. HOLDOVER TENANTS
Guest(s) agree and understand that they must vacate the premises upon expiration of the rental term listed above. In the event Guest(s) remain on the premises after the expiration of the rental term, Guest(s) shall be liable for 3X the nightly rate (or prorated nightly rate) associated with reservation for each night in which the holder tenancy remains (until the Guest(s) voluntarily leave or are evicted from the premises by the authorities)
16. ADDITIONAL TERMS
The Additional Terms as listed in the Owners listing are incorporated herein and made a part hereof. Guest(s) agree to said terms. A copy of said terms shall be emailed to Guest(s) upon booking. To the extent the terms of this Contract and the Additional Terms conflict, this Contract shall control.
For the avoidance of doubt, the terms of the Company’s guest contract shall supersede in the event any additional Fine Print or contract of the Company are illegal or unenforceable. The Guest hereby agrees to hold the Company harmless from any violations of law caused by any such additional Fine Print or contract.