Fines will be applied for breaking any house rules.
No smoking. No pets unless pre-approbved. No parties.
Security cameras outside to assist with check-in.
All adult guests must be added to the reservation. Once reservation is booked, names, phone numbers and email addresses for all adult guests must be provided.
Vacation Rental Contract for The Park House
This vacation rental contract is a legal agreement between Pace Mountain, LLC (also referred to as the “Homeowners” and “Owner” and “Landlord” and “Property Manager”) and you, the Renters (also referred to as “Tenants” and “Guests”). This contract is entered into agreement as of the date when the Renters place their reservation online and the reservation is screened and accepted by the Homeowner. The Homeowner will notify the Renters by email when their reservation is accepted. Owner reserves the right to refuse service to anyone.
Pace Mountain, LLC
In order to book and hold your reservation, we must receive the deposit and signed rental contract. The deposit of 100% of the rental total is due upon acceptance of this contract by owner.
Cleaning and Linen Service Policy:
The home is provided with pillows, linens, blankets, towels, kitchen towels, comforters, hand towels & washcloths. A cleaning service to clean the house and linens on your departure is included on your invoice. You are responsible that all debris, rubbish, and discards are placed in dumpster. Soiled dishes and cooking utensils are placed in the dishwasher and cleaned. Linens, blankets, pillows, bedspreads, comforters, and towels are provided. It is standard for beds to be made for Guests arrival as part of the linens and cleaning service. There is an upfront cleaning fee of $340 (condo to be cleaned after checkout).
The home is provided with a starter set of toilet paper & paper towels. Owners do not guarantee that these extra items will always be available and guests may need to replenish their own paper goods, toiletries, & laundry detergent, etc.
We, the Renters (also referred to as “Tenants” and “Guests”) agree to the following:
PAYMENT DUE- All rental monies are due according to the payment schedule disclosed under “Payment Policy” above on reservation acceptance.
CANCELLATION- See Air BnB cancellation policy. EARLY DEPARTURE- There are NO REFUNDS for EARLY DEPARTURE.
SNOW STORMS & HURRICANES- There are NO REFUNDS for hurricanes, snow storms, or weather conditions, even if a mandatory evacuation is ordered (optional travel insurance is offered for Renters protection or Renter may obtain through a third party. Renter ASSUMES THE RISK).
CONDITION OF PROPERTY- Owners have, to the best of their ability, given an accurate description of the property and its condition. Guests understand that it is considered as reserved “sight unseen”. Our cleaning staff will have cleaned it before your occupancy. All electrical, plumbing and appliances should be in working order. The failures of operation of certain amenities such as TV’s, cable, games, or Internet and WiFi service are not a basis for any refund. Owner will make every effort to have these items repaired but does not guarantee they will be repaired during guests occupancy. When you arrive, if you find that the house has not been cleaned to normal standards please notify the Owner immediately. We will do our best to have tradesmen attend to the problems but may not be able to fix everything over holidays and weekends. Under no circumstances will any of the rental money be refunded or returned because of the condition of the house. Use at your own risk.
CLEANING & REPAIRS- All homes have cleaning included in the total rent. Please note that cleaning does not include dishes & cooking utensils. If additional cleaning is required after you leave, it will be charged to your credit card. The cleaning fee includes cleaning after check-out. The Guest must dispose of their own garbage as needed. All garbage shall be brought to the garbage DUMPSTER located just outside the condo. DO not leave any food or garbage outside as it will attract bears, raccoons, and other wildlife. Guest agrees to keep house, furniture, and furnishings in good order. Removing, adding or rearranging furniture shall be deemed a material breach of this Rental Agreement, and is strictly prohibited. Guest is responsible for cost of replacement of any damage to furniture or premises and replacement of missing items. Under no circumstances can any furnishing or linen be taken outside with exception of pool towels specifically mentioned in paragraph 8.
ENTRY OF PREMISES- With Guest’s permission, which is hereby given, Owner or Owner’s representative may enter the premises during reasonable daylight hours without securing prior permission from Guest, but shall give Guest notice of such entry immediately prior if possible and immediately thereafter. For inventory and maintenance purposes a property management employee of the Owner may need to enter the premises. The same permission procedure applies as above. In any emergency, Owner and Owner’s servicing agents may enter the premises at any time without permission of Guest for the purposes of making repairs to alleviate such emergency. If Guest abandons or vacates premises, Owner may, at its option, terminate this agreement, re-enter the premises and remove all Guest’s property. Doors must remain locked at all times.
ACCIDENTAL DAMAGE INSURANCE- Renters will be completely responsible for any and all damages to the interior/exterior of the condo and the resort amenities and facilities caused by Renters, whether accidental or due to Renters negligence. However, Renters understand that the rental includes an accidental damage rental policy providing up to $5,000 in accidental damage protection provided Renters notify the owner and assist the owner in making a claim. Renters understand that Renters are responsible for damage beyond the coverage provided by the accidental damage insurance. Renters are also responsible for damage that would have been covered by the accidental damage insurance if Renters fail to advise the Owner of the damage and provide the necessary information that would allow the Owner to file a claim against the policy.
USE OF EXTRAS- Renters may use the pool towels for pool only. These extra items are provided in laundry room. If Renters use any of these items they will wash, dry, and return them to their prior location. Any unused beds will be left as found. Leave used beds unmade and used towels on the bathroom floor.
ASSUMPTION OF RISK- No lifeguard may be on duty at the community pool. Accordingly, persons using the pool do so at their own risk and must follow the pool rules and the owner assumes no responsibility for accident or injury. No one should swim alone. Renters will hold the Owners harmless from any and all bodily injury and/or damage incurred on the property. See disclaimer below. Guests understand that there is wildlife in the area and will keep doors of condo locked at all times and never store food/trash outside or near unit, all trash must be placed in the dumpster or there will be a $50 fee for any garbage left near the unit.
CHILD PROOFING- Guest understands that no special efforts have been made to “childproof” this condo, and accept the risk or harm to any children we allow on the property. These risks are not limited to, but include access to the pool, adjacent street, cleaning supplies in the house, plants in the condo, wildlife, and anything on the street that might be poisonous if ingested.
11)FURNITURE- All furniture must remain in its original location and cannot be moved by Guests.
12)MISSING ITEMS- Renters will be charged for any missing items reasonably attributable to Renters and not returned after notification. The cleaning services performs an inventory/survey of the property after Guests depart and notifies the Owner of any missing items. Owner will notify guests in the event that items were inadvertently taken, and provide guests the opportunity to return the missing items.
13)USE OF SECURITY CAMERAS- Renters understand and accept that the property may be protected with inside security camera. This camera is used to protect the property from potential break-ins and theft. The camera is located above the front door inside and should be taken off the wall upon guest’s arrival for privacy. The camera will be turned off during your stay. We ask that you plug it in upon checkout.
14)PERSONAL PROPERTY- Guest understands that any personal property of and used by Guest is not insured by Owner and Owner shall not be responsible for any lost, stolen, or missing property of Guest or property of Guest left after check out.
15)NO PARTIES- This is not a party house. The Renter must be 26 years of age to book this vacation rental. Any special occasions such as weddings, receptions, family reunions, or increase of occupants (guests not registered on registration form) must be disclosed at the time the reservation is made and is subject to Owner’s advanced approval. Prom parties, fraternity, or sorority parties and graduation parties are not allowed at any time.
Adults cannot rent property on behalf of underage guests, no exception.
16)NON-SMOKING- This is a NON SMOKING of any substance vacation rental. There is to be no burning of candles or incense. Evidence of smoking, such as the smell of cigarette, cigar smoke, or any other type of substance inside the home or outside by the cleaning crew is sufficient basis to charge renter for smoke cleanup and removal from carpeting and furniture. This type of clean up is expensive and Renter is liable for the deep cleaning Costs incurred. If evidence of smoking is discovered, Renter will be subject to a $500 fine.
17)NO PETS ALLOWED- If you bring a pet(s), this rental agreement will be forfeited, terminated and deposits will be retained and a deep cleaning fee will apply. If evidence of a pet is discovered, Renter will be subject to a $500 fine.
18)MAXIMUM OCCUPANCY- Is 10 people. Total occupancy shall not exceed 10 people.
19)PARKING- Parking is unassigned and in front of the home.
20)SUBLETTING- Guest is not authorized to let or sublet all or any part of the premises nor assign the lease or any interest in it.
21)CHECK-IN & CHECK-OUT- Check-in is at 4:00PM and checkout is 11:00AM. A late checkout is subject to extra rental charges at the rate of $100/hour after a grace period of 30 minutes. Guest cannot regain access to home after grace period. Guests may arrange for extra nights in advance to avoid any late checkout fees. Extra nights are charged at the daily rate and may be granted if available. If Guests are not present when cleaning crews arrive and have left their possessions in the house, cleaning crews will collect their possessions and remove them from the premises in order to prepare the unit for incoming guests and Guest will be charged $150 for this service. PLEASE checkout promptly, the cleaning crews have a very short time window to prepare unit for new guests.
22)CHECK-OUT PROCEDURES- Renters are responsible to complete the check-outprocedures in the provided guest package that includes a check out list.
23)HOLDING OVER- Because of the nature of Owner’s business (short term winter and summer recreational rentals) Guest understands, and is hereby put on notice that any unauthorized “holding over” of the property past the stated rental period could severely jeopardize Owners 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 Owner to breach an agreement with similar short term summer and winter recreational Guest(s) who may have reservations during Guest’s unauthorized “holding over” period. In the event, Owner may be legally liable in damages to said other guests. Guests should be aware that unauthorized “holding over” has been construed as a factor in establishing “malicious continuing occupation” of rental property, which may entitle Owner to treble damages in any unlawful detained action. Guest also recognizes the unauthorized “holding over” could be grounds in court as a cause of action for intentionally interfering with Owner’s prospective business advantage.
In addition we will charge $100.00 an hour past 11:30a.m. on day of check out.
24)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 or Guest as opposed to a relationship of landlord/tenant. Guest specifically waives and make inapplicable to this lodging the provisions of New York landlord/tenant law.
25)REMEDIES- In the event of a default to the Rental Agreement, particularly, but not limited to Guests unauthorized “holding over” or those acts mentioned above in this agreement, and in addition to all other rights and remedies Owner may have at law, Owner shall have the option, upon written notice or as the Law may hereinafter provide, Owner may immediately re-enter and remove all persons and property from premises. In such an instance, the Rental Agreement will be terminated, and Owner shall be entitled to otherwise recover all damages allowable under the Law. The Guest, as part of the considerations of this special rental, in recognition that this property is booked in advance by other Guests throughout the year, hereby waives all claims for damages that might be caused by Owner; re-entry and taking possession of premises or removing or storing property as herein provided, and will hold Owner harmless from loss, costs and damages occasioned thereof, and no such re-entry shall be considered or construed to be a forcible entry. Further, if for any reason Owner is unable to deliver possession of the premises to Guest at the commencement of the term specified in Rental Agreement, Owner shall refund amounts paid by Guest, but shall not be liable for any other damages caused thereby.
26)ATTORNEYS FEE/DEFAULT- If any legal action or proceeding (including default, non payments, 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 attorneys fees costs and expenses incurred in the action or proceeding by the prevailing party.
27)INDEMNIFICATION: GUEST LIABILITY/CONTENTS- Owner shall not be
responsible for (a) any injury, loss or damage to guests contents or (b) any injury, loss or damage for which guest is liable or (c) any injury loss or damage suffered by Guest, Guests family, visitors, domestic employees, or other invitees, unless caused by Owners gross negligence. Owner shall not be liable for any injury or damage to Guest or any person who occupies or visits the premises, nor shall owner be liable for damage to any such person’s property unless the same results from owners gross negligence. Guest is responsible for all acts of Guests family or persons the guest invites onto the premises. Guest hereby indemnifies and holds owner harmless to the extent permissible by law, including reasonable attorney’s fees, from and against any liability, damage, expense, judgment, claim or other loss arising from Guests use and occupancy of the Premises, unless caused by Owners gross negligence.
28)PRIOR AGREEMENTS- No prior agreement or understanding not contained in writing herein shall be effective. Furthermore, Owner, other than what is specifically written and set forth herein, makes no other or further representation regarding the nature, character, and quality of the premises to be rented, and no representation shall be deemed to exist or be material unless and until it is 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 in interest at the time of the modification. It constitutes the entire agreement of the parties. If any provision in this contract held by any court to be invalid, void, or unenforceable, the remaining provisions shall nevertheless continue to full force.
29)FORUM SECTIONS, JURISDICTION, LAW AND VENUE- The parties agree to the exclusive jurisdiction and venue of the State of New York for Greene county and/or Municipal court for the hamlet of East Jewett for the resolution of all disputes arising under this agreement. The sole and exclusive venue (i.e. place where lawsuit may be filed) for any legal proceedings shall be in the county of Greene county, New York. Guest 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. GOVERNING LAW- It is expressly agreed that this Agreement shall be governed and construed by the laws of the state of New York only, irrespective of the state of residency of Guest.
Renters understand that the Homeowners are not responsible for any personal injury caused by slipping on wet, icy or snowy pavement or surfaces, and that guests are responsible for exercising care when surfaces are wet, icy, snowy or slippery due to weather or use of hoses to wash down areas, and further, that the homeowners are not responsible for any personal injury Or loss or damage to guests’ property caused directly or indirectly from foul inclement weather conditions, Acts of God or nature, failure of heat, accidents related to fire, heaters, stoves, tenants’ failure to take adequate precautions around wet or icy areas, or unforeseeable circumstances.
Under no circumstances will Renters or their guests hold the Owners of the Vacation Rental responsible for any damages or injuries incurred by Guest or Guest Visitors whether inside or outside the condo unit on or about the common areas of the complex or claims of any kind resulting from their stay, except for gross negligence by owner.
This agreement and disclaimer applies to Renters and all guests in this Renters’ party.
I, the Renter, have read, understand, agree to, and will abide by this rental agreement and all conditions stated herein.
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No smokingNo parties or eventsCheck-in is anytime after 3:00 PM