1. Guests or Guest acknowledges that they understand and accept the terms and conditions of this Agreement and those terms and conditions on any applicable OTA. Guest acknowledges that they are both the principal for themselves and agreement. It is the duty of the Guest to publish the terms of this agreement to all persons who will use the property leased under the terms of this agreement.
2. No Smoking – Any evidence of smoking inside the home will result in cleaning and mitigation services resulting in a minimum charge of $250. Any outside smoking debris must be thoroughly extinguished, picked up, and disposed of.
3. CHECK-IN TIME IS AFTER 4:00 P.M. Eastern Time and CHECK-OUT IS 11:00 A.M. Eastern Time
4. PARKING – Parking is allowed in your designated area only.
5. MAXIMUM OCCUPANCY – The maximum number of guests varies by property. The limits are strictly enforced. Ages 2 and under are free, all others are included in the reservation count. Eviction may occur if the occupancy exceeds the maximum unless prior approval has been obtained from Guest Operator, at Guest Operator’s sole and absolute discretion and for additional consideration. NO REFUNDS WILL BE GIVEN. Guests and their guests will be asked to leave if this occurs. No refunds will be made under any circumstances of eviction.
6. FALSIFIED RESERVATIONS – RESERVATIONS MADE UNDER FALSE PRETENSES ARE NULL AND VOID AND CHECK-IN WILL NOT BE ALLOWED. Any reservation obtained under false pretense as determined by Guest Operator will be subject to forfeiture of advance payment, deposit and/or rental money, and the party will not be permitted to check-in.
7. RATES – Rates are unique for each property taking into consideration property size, amenities, location, demand, and season. Rates are subject to change from time to time at Guest Operator’s sole discretion without prior notice. Cleaning, sales tax, reservation fees will be added to all reservations. Some properties may require minimum night stays and are also subject to change from time to time.
8. RENTAL PAYMENT – For website reservations a 25% deposit on the rental is due at the time of booking and the balance 90 days prior to arrival. If booked within 90 days of arrival the full amount will be charged when you make the reservation. Balance payments are accepted in the form of credit cards or personal checks payable to ELITE EXPERIENCES. Checks returned for insufficient funds will be assessed a $75 processing fee plus tax in addition to charges you might incur from your own financial institution.
9. REFUNDS – Neither Guest Operator nor Homeowner shall provide refunds for cancellations. Refunds for cancellations in connection with any reservation (other than damage deposit less any damages) for any reason shall be controlled by the OTA policies.
10. CANCELLATIONS – Cancellations are subject to the Cancellation Police of the OTA under which the property was booked. For bookings directly from our website www.eliteshorttermrentals.com or over the phone the cancellation policy is as follows. The refund shall be the least of the following
-500.00 cancellation fee no matter how far in advance its cancelled
-if its more than 90 days from check you get a full refund minus the 500.00
-30 to 90 days you get 50% refund
-no refunds if cancelled within 30 days of check in
11. FORCE MAJEURE – Guest Operator is not required to provide any refund to Guest if performance under this Agreement is hindered, delayed, or prevented because of an event that the parties could not have anticipated or controlled, but may be considered by Guest Operator on a case-by-case basis.
12. PETS – Pets are only allowed in certain homes as designated on property listings. Pet fee and pet addendum completion is required prior to arrival along with proof of valid license. Pets must be crated when left alone at the property and while on the property all applicable pet laws must be adhered to by Guest. Any evidence of pets in a pet-prohibited property may result in fines and/or eviction. Pets are not allowed on the furniture and owners must clean and pick up all pet hair, dirt, and waste prior to departure. All pets must be properly licensed and proof++ thereof provided upon request.
13. AMENITIES – Property amenities, including but not limited to, electronics devises or appliances are not guaranteed. Repairs will be made as soon as possible upon notice of failure. No refund or discounts will be made to rental based upon any failure to operate of any property amenity.
14. YOU MUST REPORT ANY DAMAGE OR MAINTENANCE ISSUES to the Property during your stay WHEN THEY OCCUR so that we may make arrangements to repair prior to the next rental.
15. HOUSEKEEPING – Your vacation accommodations will be cleaned to quality standards prior to your arrival and after your departure. You will be responsible for the basic cleaning of your unit during your stay and for leaving the unit in good condition at check-out. We respectfully request that you remember you are staying in someone’s home during your vacation; please treat it with the care you would your own. No daily maid service is provided.
16. LINENS/TOWELS/SUPPLIES – Linens and towels are provided in your rental, they must remain at the property. An initial set up of trash liners, paper towels, toilet paper, and soap is provided at the Property.
17. ALL PROPERTIES are individually owned and furnished. Do not move the furniture, take items outside that are a part of the interior decor, or move items from one property to another. Some properties may have one or more lockers/ closets that are reserved for storage of owner’s property. These lockers/closets are NOT included in the rental.
18. RESIDENTIAL COMMUNITY RULES – Many properties are located in a residential community. Specific rules and regulations are available upon request. Please be respectful of the property, neighbors, and area. The following regulations are acknowledged and understood by the Guest and are enforceable by agents of Guest Operator, local law enforcement, or local government official: – For homes, all vehicles must be parked in the driveway and clear of all grassy areas and sidewalk sections for pedestrian. The maximum number and type of vehicles varies by property. – NO EXCESSIVE NOISE AFTER 10:00 P.M. After two warnings have been given, the Guest Operator and/or local law enforcement official will supervise eviction. Any and all deposits and remaining rents and fees will be forfeited at the time of eviction. – That whomever, without being authorized, licensed, or invited, willfully enters or remains in the home, or, having been authorized, licensed, or invited is warned by the Guest Operator to depart the property and refuses to do so, commits the offense of trespass. This includes any adjacent property. Any underage drinking or use of illegal drugs on the property will not be tolerated. Immediate eviction of all persons renting the home will be enforced. Security deposit and all rents, taxes, and fees will be forfeited.
19. SECURITY OF PERSONAL PROPERTY – Neither Guest Operator nor Property Owner are responsible for any acts of theft or vandalism, or other damages to any personal property or for personal items left by guest in the home upon departure. When possible, we will ship items left by a guest for a minimum charge of $25, plus shipping costs.
20. WRITTEN EXCEPTIONS – Any exceptions to the above-mentioned policies must be explicitly approved by Guest Operator, supported by written documentation, and signed by Guest Operator in advance.
21. THIS RENTAL AGREEMENT terminates if property suffers fire or other casualty making the Property inhabitable or if the Property is sold by Owner.
22. DISCLAIMER AND RELEASE OF LIABILITY – The undersigned and all occupants of this Rental acknowledges that if the property being leased has an in-ground swimming pool and hot tub, which may cause an inherent risk including serious bodily injury or death to the Guest or any occupants of the home. The Guest hereby accepts the risk of the in-ground swimming pool and specifically agrees that no minor children shall swim or sit in or near the pool without continuous supervision. Minor children are defined herein as children under 18 years of age. The Guest, Guest’s family, children, guests, invitees, or licensees shall use the pool only in a safe and healthy manner and undertake no acts which might risk injury or death in the use of the pool. The Guest hereby assumes full control and full responsibility for the use of the in-ground swimming pool and hot tub for the entire rental period. The undersigned Guest as agent and principal acknowledges and agrees that the owners or any of his/her agents, shall not be liable for any loss, damage, injury, accident, delay or death which may be suffered by the Guest, Guest’s family, children, guests, invitees, principals, or licensees or any other person on rental property because of the rental agreement. It is expressly agreed that all use of rental property shall be undertaken by them at their own risk and the owner or owner’s agent shall not be liable for any injuries, death, or any damage to any Guest, Guest’s family, children, guests, invitees, principals, or licensees or any other person on rental property because of the rental agreement or be subject to any claim demand, injury, or damages, whatsoever, including without limitation, those damages resulting from acts or active or passive negligence on the part of the rental property owner(s), officers, employees, or agents. Guest on his/her own behalf and on behalf of his/her personal representative, administrator, heirs, assigns, and successors, does hereby expressly forever release and discharge the rental property, its owners, shareholders, officers, employees, agents, assigns, and successors from all such claims, demands, injuries, damages, actions, or causes of action. Guest on behalf of his/her principal(s) and their personal representative, administrators, heirs, assigns and successors does hereby expressly forever release and discharge the rental property, it’s owners, shareholders, officers, employees, agents, assigns, and successors from all such claims, demand, injuries, damages, actions or causes of action. Guest in his/her personal capacity and as agent for his/her principals releases and holds harmless the rental property’s owner(s), employees, and agents harmless from, agrees to indemnify, and assumes all responsibility for, all claims, demands, injuries, deaths, damages, actions or causes of action to persons or property, arising out of or connected with the use of the rental property that is the subject of this agreement. Guest in his/her own personal capacity and/or as agent for his/her principal(s) acknowledges that he/she has carefully read this paragraph and fully understands that this is a waiver, release of liability and indemnification agreement.
23. ATTORNEY FEES – Should Guest be found in breach of this Agreement or otherwise be in default, Guest Operator shall be entitled to recover all reasonable attorney fees, collection expenses, and costs of Court related to said breach or default.
24. CHOICE OF LAW AND VENUE – This Agreement shall be governed in accordance with the laws of the Commonwealth of Pennsylvania. Venue shall be exclusive to the State Courts located in the County of Perry, Pennsylvania and the Middle District of Pennsylvania, Federal Court. This lease is for a short term rental and as such, Pennsylvania’s Landlord Tenant Act does not apply, however the parties agree to permit any small court with territorial jurisdiction over the property subject to this Agreement for the sole purposes of evictions.
25. I give permission to SafelyStay, Inc., to screen my identity, and check criminal databases in order to confirm my reservation. Complete terms regarding Safely’s guest screening can be found at www.safely.com/terms. You may receive an email from Concierge@Safely.com to complete your screening. Please check your spam inbox for this email, and contact Safely at Concierge@Safely.com, or go to www.Safely.com, if you have any questions.