Terms and conditions

 

Terms and Conditions

 

PAYMENT POLICY:

In order to book and hold your reservation, Property Manager must receive (i) this signed Rental Agreement and (ii) a Deposit in an amount set forth in this Rental Agreement, due on acceptance of this contract by Property Manager.

 

CLEANING AND LINEN SERVICE POLICY:

The Rental Unit is provided with pillows, linens, blankets, towels, kitchen towels, bedspreads, comforters, hand towels, washcloths, one roll of paper towels per 2 day stay, toilet paper, hand and shower soap. Renter will need to provide Renter’s additional paper goods, toiletries, and extra laundry detergent for units with washer and dryer, etc. A cleaning service to clean the Rental Unit and linens upon Renter’s departure are included on Renter’s invoice, in order to keep this cleaning fee as low as possible there are a few things we ask from the renters: Renter is responsible to ensure that (i) all debris, rubbish and discards are placed in plastic bags and transferred to the outside trash containers; and (ii) soiled dishes and cooking utensils are placed in the dishwasher and cleaned, if applicable. It is the responsibility of the renter to wash any and all towels and wash cloths used, as well as strip the sheets from the bed and begin the dirty laundry in the cabin prior to checking out. DO NOT WASH BLANKETS OR QUILTS. You do not need to remake the beds, house keeping staff will finish the laundry and make the beds.

.

 

RENTAL AGREEMENT:

Renter agrees to the following:

 

(1) Payment Due. The Deposit is due upon Property Manager’s acceptance of the Rental Agreement. The balance of the Rent and other amounts due as set forth on the Rental Unit Summary of Terms are due thirty (30) days prior to the Commencement Date for the Rental Unit.

 

(2) Cancellation. If Renter cancels this Rental Agreement within thirty (30) or less days prior to the Commencement Date, Renter will be responsible for the total Rent as set forth in the Rental Unit Summary of Terms. If Renter cancels this Rental Agreement thirty-one (31) or more days prior to the Commencement Date, Renter shall forfeit the Deposit. Renter will receive no refund for vacating the Rental Unit prior to the end of the rental period.

 

(3) Inclement Weather. Renter understands that Property Manager and Owner have no control over the condition of the weather and cannot be held liable for any changes to weather conditions. Renter will not receive any refund for bad weather conditions including, but not limited to, hazardous snow and ice conditions, even if a mandatory evacuation is ordered. Renter assumes the risk of occupying the Rental Unit during inclement weather conditions and is encouraged to contact Property Manager for questions regarding access to the Rental Unit during the winter months.

 

(4) Condition of Rental Unit. Property Manager and Owner have, to the best of their ability, given an accurate description of the Rental Unit and its condition. Renter understands that the Rental Unit is considered as reserved “sight unseen.” Cleaning staff will clean the Rental Unit prior to Renter’s occupancy. All electrical, plumbing and other appliances should be in working order. Operation failures of certain extra amenities, including but not limited to TV’s, cable, games, or Internet and Wi-Fi services, are not a basis for any refund. Property Manager or Owner will make every reasonable effort to have these items repaired, but do not guarantee that they will be repaired during Renter’s occupancy. If Renter, upon arrival at the Rental Unit discovers an appliance not working, or that the Rental Unit has not been properly cleaned, Renter should notify Property Manager immediately. Property Manager will use reasonable efforts to correct the issues. No rent will be refunded or returned to Renter due to the condition of the Rental Unit. Renter agrees to hold Owner and Property Manager harmless from any liability for the condition of the Rental Unit. Due to the nature of mountain/cabin properties, stairs, decks and concrete may present dangers, and Renter assumes the risk of such conditions.

 

(5) Cleaning and Repairs. Cleaning services are included as part of the amounts due for the Rental Unit. Renter agrees to keep the Rental Unit, furniture and furnishings in good order. Removing, adding or changing furniture without Property Manager’s written approval shall be deemed a material breach of this Rental Agreement, and is strictly prohibited. Renter is responsible for the cost of replacement of any damage to furniture or the Rental Unit and replacement of missing items. No furnishings or linens from inside the Rental Unit shall be used outside the Rental Unit.

 

(6) Entry to Rental Unit. Renter agrees that Owner or Property Manager may enter the Rental Unit for inventory and maintenance purposes during reasonable daylight hours without securing prior permission from Renter, but shall give Renter notice of such entry immediately prior thereto, if possible, as well as immediately afterward. In an emergency, Owner or Property Manager or any other service provider may enter the Rental Unit at any time without permission of Renter for the purposes of making repairs to alleviate such emergency. If Renter abandons or vacates the Rental Unit, Property Manager or Owner may, at their option, terminate this Rental Agreement, re-enter the Rental Unit and remove all Renter’s property.

 

(7) Accidental Damage; Insurance. Renter will be completely responsible for any and all damage to the Rental Unit caused by Renter, whether accidental or due to Renter’s negligence. Renter understands that Renter is responsible for damage beyond the coverage provided by any applicable insurance policies. Renter is also responsible for damage that would have been covered by insurance if Renter fails to advise Property Manager or Owner of the damage and provides the necessary information that would allow Property Manager or Owner to file a claim against such policy.

 

(8) Assumption of Risk. Renter acknowledges the risks and danger of occupying a mountaintop cabin and Renter and other persons using the streams, ponds, creeks, rivers, pools, or hot tubs do so at their own risk. Renter specifically acknowledges that the areas of Red River Gorge, Clifty Wilderness and the areas contiguous to and surrounding Red River Gorge and Clifty Wilderness, are natural areas with an abundance of high cliffs, difficult terrain and wildlife. Owner and Property Manager assume no responsibility for accidents or injuries. Renter agrees to accept full responsibility, assume all risks and has a duty to ensure their own safety and the safety of Renter’s guests and invitees when in and about those outdoor areas. Renter will indemnify and hold both Owner and Property Manager harmless from any and all bodily injury, death, and/or property damage incurred on or around the Rental Unit and any surrounding outdoor areas. Renter also indemnifies and holds both Owner and Property Manager harmless from any liability arising out of Renter’s negligent acts or omissions, or Renter’s use and agrees to indemnify and hold harmless both Owner and Property Manager from any liability for Renter or Renter’s guests, including when Renter or Renter’s guests are on and about any of those outdoor areas. See the Disclaimer at the end of this Rental Agreement for additional information.

 

(9) Child-Proofing. Renter understands that no special efforts have been made to “childproof” the Rental Unit, and Renter accepts the risks of harm to any children Renter allows in or on the Rental Unit. These risks are not limited to, but include access to, if applicable, the pool, hot tub, decks, surrounding areas, adjacent streets, cleaning supplies in the Rental Unit and plants in and around the Rental Unit which may be poisonous if ingested.

 

(10) Furniture. All furniture must be returned to its original location on Renter’s departure from the Rental Unit or an additional charge is authorized by Renter and may be made by either Property Manager or Owner from Renter’s credit card.

 

(11) Missing Items. The cleaning service performs an inventory/survey of the Rental Unit after Renter’s departure and will notify either Property Manager or Owner of any missing items. Property Manager will notify Renter in the event that items are presumed missing, and will provide Renter the opportunity to return the missing items prior to charging Renter as set forth below. Renter will be charged for any missing items reasonably attributed to last having been located on the Rental Unit during Renter’s occupancy and which have not been returned after notification to Renter by Property Manager. An additional charge is authorized by Renter and may be made by either Property Manager or Owner from Renter’s credit card.

 

(12) Use of Security Cameras. Renter understands and accepts that the Rental Unit may be protected with outside security cameras. There are no cameras inside the Rental Unit.

 

(13) Personal Property. Renter understands that any personal property of Renter is not insured by Property Manager or Owner and Property Manager and Owner shall not be responsible for any such lost, stolen or missing property.

 

(14) Keys. Renter will be charged a replacement cost of $50 for each lost key, and an additional charge is authorized by Renter and may be made by either Property Manager or Owner from Renter’s credit card.

 

(15) No-Smoking. The Rental Unit is a non-smoking property. Evidence of smoking, such as the smell of cigarettes, marijuana or cigar smoke inside the Rental Unit is sufficient basis to charge Renter for smoke clean-up, including removal of smoke from carpeting, AC ducts and filters and furniture. Renter acknowledges that this clean-up is expensive. Renter is liable for these costs and an additional charge is authorized by Renter and may be made by either Property Manager or Owner from Renter’s credit card.

 

(16) No Pets Allowed. No pets are permitted in or on the Rental Unit.

 

(17) Maximum Occupancy. Maximum occupancy for the Rental Unit is _____ people.

 

(18) Subletting. Renter shall not sublet all or any part of the Rental Unit or assign this Rental Agreement or any interest in this Rental Agreement without the prior written consent of Owner or Property Manager.

 

(19) Check-In/Check-Out. Check-in is at 4:00 PM, Eastern Standard Time, and check-out is at 11:00 AM, Eastern Standard Time. If Renter is not present when cleaning crews arrive and has left possessions in the Rental Unit, they will collect the possessions and remove them from the Rental Unit in order to prepare the Rental Unit for incoming guests. Renter will be charged One Hundred Fifty Dollars ($150.00) for this service and an additional charge is authorized by Renter and may be made by either Property Manager or Owner from Renter’s credit card. Renter hereby agrees that Renter will check-out promptly, and Renter understands and acknowledges that the cleaning crews have a very short time window to prepare the Rental Unit for new guests.

 

(20) Check-Out Procedures. Renter is responsible for fulfilling the check-out procedures in the guest package provided, which includes ensuring that all keys are placed back in lock boxes and that the Rental Unit is left in an orderly fashion.

 

(21) Holding Over. Because of the nature of short-term recreational rentals, Renter understands, and is hereby put on notice, that any unauthorized “holding over” of the Rental Unit past the stated rental period could severely jeopardize Property Manager and Owner’s business and cause loss of rental income from other previously booked guests, temporary and/or permanent loss of business, goodwill and reputation and, among other things, could force Property Manager and Owner to breach an agreement with other guests who may have reservations during Renter’s unauthorized “holding over” period. In that event, Property Manager and Owner may be legally liable in damages to other guests. Renter should be aware that unauthorized “holding over” has been construed as a factor in establishing “malicious continuing occupation” of rental property, which may entitle Property Manager and Owner to treble damages in any unlawful detainer action. Renter also recognizes the unauthorized “holding over” could be grounds in court as a cause of action for intentionally interfering with Property Manager’s and Owner’s prospective business advantage. Property Manager and Owner will charge One Hundred Dollars ($100.00) per hour past 11:00 AM, Eastern Standard Time, on day of check-out during which Renter has failed to vacate the Rental Unit.

 

(22) Relationship of Parties. It is specifically agreed and understood that the relationship between the parties herein shall be deemed to be of proprietor and lodger as opposed to a relationship of landlord and tenant. Renter specifically waives and makes inapplicable to this lodging the provisions of Kentucky’s Landlord/Tenant Law.

 

(23) Remedies. In the event of a default under this Rental Agreement, particularly, but not limited to Renter’s unauthorized “holding over,” and in addition to all other rights and remedies Property Manager and Owner may have at law and under this Rental Agreement, Property Manager and Owner shall have the option, upon written notice to Renter, or as the law may hereinafter provide, to immediately re-enter and remove all persons and personal property from the Rental Unit. In such an instance, this Rental Agreement will be terminated, and Property Manager and Owner shall be entitled to otherwise recover all damages allowable under the law. Renter, as part of the considerations of this rental, and in recognition that this Rental Unit is booked in advance by other guests throughout the year, hereby waives all claims for damages that might be caused by Owner or Property Manager re-entering and taking possession of the Rental Unit or removing or storing personal property as set forth in this Rental Agreement, and will hold both Owner and Property Manager harmless from losses, costs and damages occasioned thereof, and no such re-entry shall be considered or construed to be a forcible entry as defined in the Kentucky Code of Civil Procedure or other similar statutory provisions. Further, if for any reason either Owner or Property Manager is unable to deliver possession of the Rental Unit to Renter at the commencement of the term specified in this Rental Agreement, Owner or Property Manager will refund amounts paid by Renter, but shall not be liable for any other damages caused thereby.

 

(24) Attorney’s Fee/Default. If any legal action or proceeding (including default, non-payment, etc.) arising out of or related to this Rental Agreement is brought by either party to this Rental Agreement, the prevailing party shall be entitled to receive from the other party, in addition to all other relief that may be granted, the reasonable attorney's fees, costs and expenses incurred in the action or proceeding by the prevailing party.

 

(25) Indemnification. Renter agrees to indemnify and hold harmless both Owner and Property Manager for any liability arising before termination of this Rental Agreement for personal injuries, death, or property damage caused by the negligent, willful or intentional conduct of Renter.

 

(26) Prior Agreements. No prior agreements or understandings not contained in this Rental Agreement shall be effective. Furthermore, other than what is specifically written and set forth herein, neither Property Manager nor Owner makes any other representations regarding the nature, character or quality of the Rental Unit to be rented, and no other representations shall be deemed to exist or be material unless and until they are reduced to a writing and signed by the parties. This Rental Agreement may be modified in writing only, and must be signed by the parties. This Rental Agreement constitutes the entire agreement of the parties. If any provision in this Rental Agreement is held by any court to be invalid, void or unenforceable, the remaining provisions of this Rental Agreement shall nevertheless continue in full force and effect.

 

(27) Forum Selection, Jurisdiction, Law and Venue. The parties agree to the exclusive jurisdiction and venue of the District Court of the Commonwealth of Kentucky. The sole and exclusive venue (i.e., place where a lawsuit may be filed) for any legal proceedings shall be in Fayette County, Kentucky. Renter expressly waives any other right or privilege with respect to the election of venue or court (i.e., state or federal) and location of the venue of action.

 

(28) Governing Law. It is expressly agreed that this Rental Agreement shall be governed and construed by the laws of the Commonwealth of Kentucky, without regard to its conflict of law principles, irrespective of the state of residency of Renter.

 

 

DISCLAIMER:

RENTER UNDERSTANDS THAT PROPERTY MANAGER AND OWNER ARE NOT RESPONSIBLE FOR ANY PERSONAL INJURY, DEATH, OR LOSS OR DAMAGE TO RENTER’S PROPERTY CAUSED DIRECTLY OR INDIRECTLY FROM FOUL, INCLEMENT WEATHER CONDITIONS, ACTS OF GOD OR NATURE, FAILURE OF HEAT, ACCIDENTS RELATED TO FIRE, HEATERS, STOVES, RENTER’S FAILURE TO TAKE ADEQUATE PRECAUTIONS, OR ANY UNFORESEEABLE CIRCUMSTANCES. UNDER NO CIRCUMSTANCES WILL RENTER OR HIS OR HER GUESTS HOLD PROPERTY MANAGER OR OWNER RESPONSIBLE FOR ANY DAMAGES OR CLAIMS OF ANY KIND RESULTING FROM RENTER’S STAY AT THE RENTAL PROPERTY, EXCEPT FOR INTENTIONAL ACTS OF HARM.