- Lease of Premises: Landlord agrees to lease the Premises to Resident for the term that was booked and on the terms and conditions set forth herein. For the purpose of this Lease, “Premises” shall mean the entire premises rented to Resident. However, the Premises does not include locked cabinets, closets, storage areas, or mechanical rooms to which access may be prohibited to preserve Landlord privacy or to ensure Resident safety. Resident warrants that he or she will be present in the Premises during the leased period and is not entering into this Agreement on behalf of another party.
- Booking Form: The terms of the booking form, which may come in the form of a confirmation email from Agent, including without limitation the rental period, the rental price and the number of allowed guests and pets, is hereby incorporated into this Agreement (“Booking Form”).
- Reservations and Payment: By agreeing to book a reservation with Vacation in Chelan, LLC (“Manager”); by providing us with the personal booking information necessary to complete your reservation; and by providing your payment and/or credit card information, you agree to be bound by Vacation in Chelan’s “Terms & Conditions,” which includes our “Cancellation Policy.” Until a reservation is confirmed, rates may change without notice. The initial payment of 50% of the total amount due is required upon booking. The remaining 50% is due 30 days prior to guest arrival, and will be charged to the credit card on file (when available). If payment in full is not received by Vacation in Chelan 30 days or more prior to guest arrival, reservation is subject to cancellation without refund. All items/fees are taxable, taxes are subject to change without notice, and will be charged to the credit card on file. For reservations made less than 30 days prior to arrival, the entire payment is due in full upon booking.
- Observance of Rules: Guest and all members of the rental party agrees to abide by the rental rules listed both in these terms and conditions and those at the property at all times while at the property. Any guests in addition to the rental party should be declared and approved in advance, and they are required to abide by these same rules at all times while at the property. All persons present, whether rental party members or guests, shall use the premises only in a careful and lawful manner, and shall be good neighbors respecting the rights of surrounding property owners. They shall not create noise or disturbances likely to disturb or annoy surrounding property owners and their guests.
- Occupancy: The registered Guests are the only overnight guests allowed, unless prior written permission is received from Vacation in Chelan. We rent to family groups and responsible adults only. The Guest making the reservation and committing to this Agreement must be at least 25 years of age, must occupy the property the entire time of the reservation, and will be held responsible for all other parties and/or guests of the Guest for compliance with this Agreement, with listed policies, ordinances, rules and regulations and for any losses incurred by Manager or to the Property due to negligence or vandalism. All guests of all-adult groups must be over the age of 25. Reservations made under false pretense will not be permitted to check in and/or will be subject to immediate eviction with the forfeiture of all amounts paid. Identification may be required upon check-in, or at any time during your stay, to verify age. Guests will be subject to eviction, loss of any security deposit, and entire rental payment if over-occupancy occurs.
- Special Event Occupancy: Special event accommodations such as weddings, receptions, and family reunions must be disclosed at time of your reservation. Many of our properties are ideal for special events, but additional fees and deposit may be required.
- Quiet Hours: There are strict noise ordinances in the county and city. No outside activity that creates noise between 9pm and 8am shall occur, which includes loud talking and laughter, music, excessive rambunctious play in the yard or hot tub, etc. Resident shall be fined $100 plus tax for each "after hours call-out" for violation of quiet time between the hours of 9pm and 8am. Quiet time is 9pm-8am and complaints of noise, foul language, or law enforcement response may be cause for immediate eviction from Premises. Noise violations will result in immediate eviction, loss of security deposit, and loss of entire rental payment.
- Eviction: Resident and its guests agree to adhere to local laws, rules and regulations, to not disturb the peace, keep the Premises in a clean and sanitary condition, and will comply with the no smoking and the appropriate pets rule for each property/reservation. Resident and its guests are subject to immediate eviction and removal from the Premises for any of the following reasons: (1) Smoking anywhere inside Premises or on concrete terrace attached to Premises; (2) Unapproved Pets anywhere on the Premises; (3) Number of occupants exceeds the number of contracted guests; (4) Complaints of noise, loud music, foul language, or otherwise disturbing of the peace. The entire amount of rent, deposits, fees, etc will be forfeited for violation of any of the forgoing reasons, regardless of whether Resident is evicted.
- Limited Accidental Damage Waiver (LADW): Vacation in Chelan rentals have a small non-refundable Limited Accidental Damage Waiver (LADW). The coverage of the LADW, as well as the exclusions contained therein, provided to the tenant shall extend to all members of the guest’s party and visitors. The damage waiver covers unintentional damages to the rental unit that occur during your stay, provided they are disclosed to management as soon as you notice them during your stay. The damage waiver is a non-refundable fee: $49 for up to $1000 of LADW at larger homes, $29 for up to $500 of LADW at smaller homes. Coverage and claims are at the sole discretion of Vacation in Chelan.
Exclusions within the LADW specifically do not cover or release the guest from liability for damage due to the following:
a. Intentional, willful, reckless, or malicious acts of the tenant or others on the premises during the tenancy,
b. Removal of owner’s property from premises without specific permission in writing from owner or owner’s property manager,
c. Gross negligence of tenant or intentional misuse of furnishings, appliances, equipment, or other amenities provided with the home,
d. Damages to real property resulting from operation of any motorized vehicle by a tenant,
e. Charges imposed on Homeowner / Vacation in Chelan by the City, County, State or Home Owner Association, etc. as the result of violation of any law, ordinance, rule or regulation.
- Cancellations: Cancellation notice must be given in writing via email or mail to: Vacation in Chelan, P.O. Box 907, Chelan, Washington 98816. If a cancellation notice has been received 61 days or more prior to the arrival date, there will be a 100% refund less a $200 cancellation fee (plus tax); if 31 to 60 days prior to arrival date, 50% of total due for stay will be eligible for refund; and if 30 days or less prior to the arrival date, no refund will be given.
- Housekeeping: Resident shall pre-pay a non-refundable cleaning fee as specified on the Booking Form. Any extraordinary cleaning expenses due to carpet stains, excessive garbage, spills, and excessive dirt shall be charged directly to Resident’s credit card on file. Cleaning services are not provided during the reservation period. We do not permit towels or linens to be taken from the units.
- Waste Material: Guests shall follow all rules posted in their vacation rental regarding trash disposal and recycling.
- Grilling: Outdoor BBQs are provided for your use. Please use reasonable care when using the BBQs, and leave the grill clean upon your departure.
- Hot Tubs: For properties that have a hot tub, the hot tubs are maintained once or twice weekly. Since neither the Homeowner nor Vacation in Chelan employees are on the premises during the use of these amenities, the rental party agrees to be solely responsible for the use and operation thereof. Guests will be charged for additional spa treatment or cleaning resulting from overcrowding or misuse. When using the hot tub, remember there is a certain health risk associated with this facility. Please use it with care and at your own risk. Children should be supervised at all times. Do not stand on the hot tub covers. Hot tub covers are for insulation purposes and are not designed to support a person or persons; they will break and you may be charged for replacement. Remember, when not using the hot tub, leave cover on as the sun breaks down the tub chemicals.
- Condition of Property: We strive to keep all our homes in good working condition, and to accurately describe each home in our advertising. Please report any concerns within 24 hours of your arrival or once you notice an issue. Reasonable effort will be made to promptly repair inoperative equipment. It may be necessary for the contractor or us to enter the home at reasonable times to make the repairs or inspection without your knowledge or presence. Vacation in Chelan shall exercise this right of access in a reasonable manner. Homeowner and Vacation in Chelan will not be responsible for any unauthorized expenses incurred by Guest or his/her guests. No refunds will be made for inoperative items (including air conditioners, appliances, or mechanical failure), delayed service, or unsatisfactory condition of the home.
- Pet Policies: Pets must be pre-approved, with the appropriate pet fee paid, and are only permitted in rentals indicated as pet friendly. There shall be no more than two (2) domestic adult dogs (no puppies) that weigh less than 75 pounds, and the Guest shall be solely responsible for and in control of pets at all times. Pets will not be left unattended for an undue length of time, either indoors or out. Pet containment is the sole responsibility of the Guest, and Homeowner and Vacation in Chelan take no responsibility for pets that escape. Guest should prevent pets from producing noise levels that disturb neighbors. Guest pets must be treated for fleas and ticks prior to arrival. Guests must pick up after pets and tightly tie the remnants in a plastic bag if staying in a Pet Friendly Unit, and place the bag in the trash. Pets are not allowed on the furniture and all pet hair must be cleaned up prior to departure. A $150 fee will be charged if there is any report of pet hair on bedding and sofas. Homeowner and Vacation in Chelan assume no responsibility for illness or injury that may incur to pets or humans while on the premises. Pet owners are responsible for additional charges resulting from damages, clean up outside or inside, or extermination services that become necessary. If an unauthorized or unreported pet has been in any rental, pet friendly or not, there will be a charge of $500.00. Additional pet policies for certain homes may be posted in the 3-ring binder located at the property and/or in email communication with the Guest.
- Parking: Parking is permitted only in designated parking areas on the property. Evidence of or damage from parking or driving on the lawn will be charged against the credit card on file, or security deposit if applicable. Any illegally parked cars are subject to towing; applicable fines/towing fees are the sole responsibility of the vehicle owner. Additional parking details may be posted in the 3-ring binder located at the property and/or in email communication with the Guest.
- Smoking: All of our properties are smoke-free. Washington state law also prohibits smoking within 25 feet of entrances, exits, windows that open, and ventilation intakes that serve enclosed areas. Evidence of smoking inside the Property, or near a door, window, or air intake, will result in immediate eviction and forfeiture of all amounts paid and will result in additional Cleaning Fee to Guest as Excess Damage Cost and will be charged against the security deposit or credit card on file.
- Fire Pit: If a fire pit is available at the home, no other area is to be used for a campfire except the fire pit provided. Use of the fire pit is only allowed when safe to have a fire. ALWAYS put out your fire before returning to the house or leaving the premises. You may not use it if there is a burning ban or if it is windy. Doing so could cause damage to this property or result in a forest fire, and you will be held personally and financially responsible if the fire gets out of control and results in damages of property and land.
- Heat / Air Conditioning: Guests agrees that air conditioning shall not be set below 75 degrees and heat shall not be set above 75, and the fan setting shall be “Auto”. Doors and windows shall be closed when either heat or air conditioning is in operation.
- Septic: Some of our properties use a septic system. The septic system is very effective; however, it will clog up if improper material is flushed. DO NOT FLUSH feminine products or anything other than toilet paper. Please be conservative with your water usage, and do not run excess water beyond what is needed for the Guests listed on this agreement.
- Departure: You must vacate your home on the last day of your stay by 10:00am. When you depart please leave the home in a neat and undamaged condition. The following must be completed upon your departure: 1) Load & run dishwasher; 2) Remove all food and trash from home; 3) Place trash in the proper receptacle(s); 4) Wipe appliances, counters, etc. clean of excess spills; 5) Leave furniture arranged as you found it; 6) Clean grill if used; 7) Close and lock all windows and doors; and 8) Set cool to 80 degrees during the summer or heat to 60 degrees during the winter, and turn off the lights.
- Items Left Behind: We cannot be responsible for any personal items left in the home you rented. Please be sure to thoroughly check the home before you leave for any personal items. If after check-out you request us to search the home for a forgotten item and the item is found, you may pre-pay a reasonable cost for shipping and handling and we will mail the item back to you. Items found, and not requested to be returned, will be discarded after your departure.
- Unforeseeable Circumstances: Vacation in Chelan bears no responsibility in the event of loss of power due to weather, electric company outages, water company outages, inclement weather, fires, disturbances on nearby properties, or any circumstances beyond our control. NO REFUNDS or cancellations will be offered for such circumstances.
- Enforcement: Homeowner and Vacation in Chelan have the right to inspect the premises without prior notice at any time to enforce the terms of this agreement.
- Liability and Damage: Guests agree to defend, indemnify and hold Homeowner and Vacation in Chelan harmless from any and all liability, claims, loss, property damage or expenses, arising by reason of any injury, death or damage sustained by any person, or to the property of any person, in or on the Property during the Term of this Agreement, including Guests, additional invitees or visitors of Guests, where such injury, death or damage is caused by a negligent or intentional act of Guests, additional guest or any of Guest’s visitors or invitees.
- Property Substitution: In case that the booked property becomes unavailable due to maintenance issues, sale, or other reason, Vacation in Chelan reserves the right to provide guests with a comparable substitute property or to refund all monies paid and cancel the reservation.
- Credit Card Authorization: I understand and consent to the use of the credit card provided without original signature on the charge slip, that an email of this agreement will serve as an original, and that this Credit Card Authorization cannot be revoked and will not terminate until 90 days after the rental is vacated. The first half of the total is due upon booking, and the remainder will be automatically charged to the credit card on file 30 days prior to your arrival. Additional charges may include: unauthorized long distance telephone and satellite TV charges; excessive cleaning fees; damages beyond normal wear and tear and unreturned keys or garage door openers. Attempts to circumvent our policies by filing a chargeback with your credit card company will result in an additional $200 billed to your credit card to cover our time in disputing these actions.
- Indemnification: Guests and others who use this property shall hereby indemnify and hold harmless the Homeowner and Vacation in Chelan against any and all claims of personal injury or property damage or loss arising from use of the premises regardless of the nature of the accident, injury or loss. Guests expressly recognize that any insurance for property damage or loss which the Homeowner may maintain on the property does not cover the personal property of Guests, and that Guests should purchase their own insurance if such coverage is desired. By accepting this reservation, it is agreed that all guests are expressly assuming the risk of any harm arising from their use of the premises or others whom they invite to use the premises.
- Assumption of Risks: There are risks inherent in and associated with the use of any property, including the rental property, which may include risks of injury to person or property, or death. Alcohol and other state-altering substances should not be used in or around a pool, hot tub, bath tub or the waterfront. Guests assume these risks, whether enumerated or not, known or unknown, on their own behalf and on behalf of any person under any legal incapacity for whom they may be responsible.
- Limitation of Liability: The rental agent’s liability shall in no event exceed the amount of the rental payment received regardless of the kind or extent of injury, cause thereof, claim or legal theory advanced. The owner’s liability shall in no event exceed the lesser of the rental payment received or the liability insurance then in place regardless of the kind or extent of injury, cause thereof, claim or legal theory advanced. Guest agrees to the foregoing and waives all right to claim damages in excess of the foregoing amounts, and agrees to be limited for all purposes to such amounts.
- Attorney’s Fees and Costs: Guests agree to pay all reasonable costs, attorney’s fees and expenses that shall be made or incurred by Homeowner or Vacation in Chelan enforcing this agreement.
- General Terms: This Agreement is made in, and shall be governed solely by the laws of, the State of Washington. Venue for enforcement shall be Chelan County, Washington.
- Enforceability: If any section, clause, paragraph or term of this Agreement is held or determined to be void, invalid or unenforceable, for any reason, all other terms, clauses or paragraphs herein shall be severed and remain in force and effect. This Agreement is taken in full compliance with federal, state and local Fair Housing Laws, without regard to race, color, religion, sex, country of origin, handicap or familial status.
- Errors: We have tried to make sure that all home descriptions, distances to local attractions, waterfront and water/river views, and prices listed in our rental brochure and on our website are accurate; however, we are not responsible for errors. Our company is not responsible for the malfunction of utilities or equipment.
- Acceptance of this Agreement: Payment shall constitute valid binding acceptance of this agreement. Guest acknowledges that the above statements have been read, and guest agrees to abide by them and cause anyone on the property to abide by them. Anyone not abiding by this agreement may be subject to immediate eviction, loss of any security deposit, and loss of entire rental payment.