Reservation Terms and Conditions:
This Rental Agreement (the "Agreement") is a legally binding agreement made and entered into as of the Reservation Date written below by and between the undersigned person(s) or company (the "Guest") and Refined Retreats ("Rental Agent"), pursuant to which the Guest has agreed to rent the residence described above (the "Property"), for the duration of the Rental Term (Arrival Date to Departure Date) for the Total Rental Fees and other good and valuable consideration as described herein.
RENTAL DEPOSIT AND CANCELATION POLICY All deposits and/or subsequent payments made by the guest are NON-REFUNDABLE. In the event of cancelation, any and all deposits or payments made by the guest are NON-REFUNDABLE; Guest may purchase a travel protection insurance plan to cover the cost of any canceled or interrupted travel plans, including deposits or payments to CSA Travel Protection. CSA Travel Protection is available for 6.95% of your rental cost and can be purchased now or at any time prior to your final payment. Deposits is 50% of total reservation. Final payment is due the sooner of sixty (60) days prior to your arrival date. Bookings made within 60 days of arrival will be charged in full. Holiday bookings arriving between December 15 and January 5 are due ninety (90) days prior to arrival. For more details, please see http://www.www.www.csatravelprotection.com/plan-details
GUEST RESPONSIBILITY The Property is privately owned. Neither Refined Retreats nor the owner of the Property are responsible for any Guest accident, injury or illness, or loss of personal belongings. It is agreed that Guest expressly assumes the risk of any harm arising from Guest's, or Guest's invitees, use of the Property. Guest agrees and accepts full responsibility for any damage to the Property and its contents during the Rental Term. Refined Retreats will charge the Guest's credit card on file for all damage related costs to the Property and its contents or apply such charges to Guest’s security deposit, as applicable. Damages may include loss of income to the Property if the Property is rendered unrentable, in the sole and reasonable discretion of the Rental Agent, for any length of time due to damage caused by Guest.
OCCUPANCY Guest agrees that no more than the maximum stated occupancy shall be permitted on the Property at any time during the Rental Term, all of whom shall comply with the conditions and restrictions imposed upon Guest in this Agreement.
CONDITION AND USE OF PROPERTY The Property is provided in “as is” condition. Rental Agent shall use its best efforts to ensure that all amenities in the Property are in good operating order. The amenities available for the Property are as further described in the Property listing. Rental Agent shall not be held responsible for such amenities' failure to operate, but will make every effort to correct any issues as reported as quickly as possible. Guest acknowledges that use of amenities, such as hot tubs, pools, spas, fireplaces, decks, and the like, may be potentially dangerous and involve potential risks if improperly used, particularly with regard to children, and such use is at the Guest’s own risk. Guest shall use the Property for residential purposes only, in a careful manner to prevent any damage or loss to the Property, and keep the Property in clean and sanitary condition at all times. Guest and any additional permitted invitees shall refrain from loud noise and shall not disturb, annoy, endanger, or inconvenience the Property neighbors, nor shall Guest use the Property for any immoral, offensive or unlawful purposes, nor violate any local, state or federal law, homeowner association rules, nor commit waste or nuisance on or about the Property.
VIOLATION OF AGREEMENT If Guest should fail to comply with the terms, conditions and obligations of this Agreement, and upon the demand of Refined Retreats or the Property owner, Guest shall immediately remove all Guest’s personal property, vacate, and surrender the Property in good order and free of damage. No refund of any portion of the Total Rental Fee shall be made, and if any legal action by Refined Retreats or the Property owner is taken to enforce this Agreement, Refined Retreats or Property owner shall be entitled to its reasonable attorney's fees and related costs.
ASSIGNMENT OR SUBLEASE Guest shall not assign or sublease the Property or permit the use of any portion of the Property by other persons who are not permitted invitees of the Guest, or whose presence would violate the maximum occupancy under this Agreement.
RISK OF LOSS, INDEMNIFICATION AND RELEASE Guest agrees that all personal property,
furnishings, personal effects and other items brought into the Property by Guest, or their permitted invitees, shall be at the sole risk of Guest with regard to any theft, damage, destruction or other loss and Rental Agent or Property owner shall not be responsible or liable for any reason whatsoever.
Guest agrees to use the Property, and any amenities entirely at the Guest’s own initiative, risk and responsibility. Guest hereby agrees and hereby waives, releases, and indemnifies from any claims against Refined Retreats, Property owner, and their agents, owners, heirs, successors, employees or representatives from and against any costs, damages, liabilities, claims, legal fees and other actions for any damages, costs, attorney's fees incurred by Guest, or its permitted invitees, agents, representatives, heirs or successors, due to any claims relating to destruction of property or injury to persons or loss of life sustained by Guest, or Guest’s permitted invitees, agents, representatives, heirs or successors, in or about the Property, including any common facilities, activities or amenities, unless such injury or damage was caused by the gross negligence or willful misconduct of Refined Retreats or Property owner.
ENTRY AND INSPECTION Rental Agent reserves the right to enter the Property at reasonable times and with reasonable advance notice for the purposes of inspecting the Property or showing the Property to prospective purchasers, renters or other authorized persons. If Rental Agent has a reasonable belief that there is imminent danger to any person or property, or a violation of the uses of the Property, such as smoking, illegal drugs, the presence of unauthorized pets, or a violation of local, state or federal law, Rental Agent may enter the Property without advance notice.
ADDITIONAL TERMS TO THE RENTAL AGREEMENT Guest acknowledges and agrees to the following additional terms and conditions: “Cleaning Fee” above includes departure cleaning fee only. Daily and mid-week housekeeping is charged separately unless otherwise noted and can be booked at any time prior to arrival for an additional charge. No Smoking: No smoking of any kind is permitted in or about the Property. A violation of this policy by Guest, or Guest's invitees, shall result in, at Refined Retreat’s or Property owner's discretion, any or all of the following: a fine of $2500.00, immediate eviction from the Property without refund of any monies paid for the Rental Term, or damages from smoke, including remedial cleaning, repair or replacement of smoke damaged contents or fixtures.
No Pets: No animals, birds, nor any other kind of "pet" is allowed. A violation of this policy by Guest, or Guest's invitees, shall result in, at Refined Retreat's or Property owner's discretion, any or all of the following: a fine of $2500.00, immediate eviction from the Property without refund of any monies paid for the Rental Term, or damages from pets including remedial cleaning, repair or replacement of damaged contents or fixtures. While homes may be marketed based on access to beach or skiing and 3rd party events, this Agreement is not a guarantee of beach and ski access, as weather conditions vary, or access to 3rd party events that are outside the control of the Rental Agent.
GENERAL PROVISIONS This Agreement contains the entire agreement between the parties with regard to the rental of the Property, and any changes, amendments or modifications hereof shall be void unless the same are in writing and signed by both the Guest and the Rental Agent. This Agreement shall be governed by the laws of the State of Tennessee. The words "Rental Agent" and "Guest" shall include their respective heirs, successors, representatives. The waiver or failure to enforce any breach or provision of this Agreement shall not be considered a waiver of that or any other provision in any subsequent breach thereof. If any provision herein is held invalid, the remainder of the Agreement shall not be affected. Any notice required to be given under this Agreement shall be in writing and sent to the contact information included herein. This Agreement may be signed in one or more counterparts, each of which is an original, but taken together constitute one in the same instrument. Execution of a digital signature shall be deemed a valid signature. Governing Law, Jurisdiction, Venue, Legal Expenses: The parties agree and acknowledge that this Agreement was made and became binding in Tennessee and that performance of this Agreement has occurred and will occur solely in Tennessee because that is where all of the documents evidencing this transaction, including this Agreement, first became effective and binding, payments are to be made and delivered in Tennessee. This Agreement is entered into and shall in all respects be governed and interpreted and enforced solely in accordance with the laws of the State of Tennessee. Subject to the parties’ agreement to arbitrate, any action commenced by either party based on, arising from, or relating to any provision of this Agreement or the performance of all or any portion of this Agreement shall be commenced prosecuted and maintained solely in the state or federal courts of Tennessee. If either party to this Agreement shall fail to fulfill or perform any of its covenants or obligations in this Agreement, the defaulting party shall pay to the non-defaulting party all reasonable attorneys' fees, all enforcement costs, and all collection costs incurred by the non-defaulting party for use of a collection agency or other collection service, that may be incurred to enforce the non-defaulting party’s rights hereunder. Notwithstanding anything in this Agreement to the contrary, the covenants contained in this paragraph shall survive the termination of this Agreement. Definitions: The term “Guest” shall include the plural Guests, invitees, agents, representatives, officers, directors, owners, heirs, successors, or assigns. The term "invitee" shall include family members of Guest, public invitee, permitted or lawfully permitted invitee, or visitor. Waiver: The waiver or failure to enforce any breach or provision of this Agreement shall not be considered a waiver of that or any other provision in any subsequent breach thereof. If any provision herein is held invalid, the remainder of the Agreement shall not be affected. Any notice required to be given under this Agreement shall be in writing and sent to the contact information included herein. Counterparts: This Agreement may be signed in one or more counterparts, each of which is an original, but taken together constitute one in the same instrument. Execution of a digital signature shall be deemed a valid signature.