Thank you for selecting Cedar Creek Realty for your vacation rental. Receipt of your confirmation obligates you, the renter, to the below listed Rental Contract Terms and Conditions.
VACATION RENTAL CONTRACT TERMS & CONDITIONS
RESERVATIONS, DEPOSIT AND PAYMENT: The Guest agrees to the terms, including pricing, payment dates and rental period outlined on page one (1), of this Short-Term Rental Agreement, through by their accepted, completed initial payment(s) toward this rental, as identified in this agreement.
We accept Visa, MasterCard, Discover or personal checks. All payments are due in full 21 days prior to Guests arrival; we do not accept partial payments. Guest must provide a valid credit card number to secure and confirm a reservation as well as for full security for any additional charges or damages during the stay. This applies whether paying with a credit card or check.
CANCELLATION POLICY: Cancellations must be made a minimum of three weeks prior to Guests arrival date to be eligible for a refund. A $150 processing fee will be charged for all cancellations. Cancellations inside of the 21-day period will be subject to payment of the full rental amount unless we can re-rent the cabin. Any shaved days (shortening of your stay) off Guests reservation more than 21 days prior to your arrival is subject to a $150 PER DAY shaved day fee and within the 21-day arrival date Guest will lose the full days rental for every day shaved. Airbnb reservations have a strict 30-day cancellation policy.
TRAVEL PROTECTION- RENTAL GUARDIAN: Travel Protection has been made available to Guest for every reservation through Cedar Creek Realty. Travel Protection reimburses for pre-paid, non-refundable expenses due to certain unforeseeable circumstances that may jeopardize Guest vacation investment and force Guest to incur unplanned expenses. We strongly recommend the Guest purchase the Travel Protection. If NOT purchased, Guest acknowledges they have read and understand our cancellation policy and choose not to purchase Travel Protection on behalf of all occupants. Separate terms and conditions apply, read the protection policy carefully and contact Rental Guardian at 888-885-5550 or www.rentalguardian.com with coverage questions.
SECURITY DEPOSIT WAIVER RENTAL DAMAGE PROTECTION COVERAGE: This Security Deposit Wavier Rental Damage Protection coverage is in lieu of providing a security deposit for accidental damages during Guests stay, subject to terms and conditions. A copy of the term of waiver is sent to the email address given at the time of booking or go to the link provided below to view the term of waiver: http://cedarcreekrealty.rentalguardian.com/available-products.html. At any time, Guest may request a copy of the term of waiver by contacting Rental Guardian at support@rentalguardian.com. Cedar Creek Realty requires that any damage to the unit during Guests stay must be disclosed to management prior to check-out. Cedar Creek Realty will charge any damages that exceed the purchased coverage amount or damages not covered by the program to the credit card on file. PLEASE NOTE IF GUEST OPTS OUT OF THIS PLAN, A CASH DEPOSIT EQUIVALENT OF THE COVERAGE IS REQUIRED.
OCCUPANCY and AUTHORIZED USE: Guest will use the Property only as a personal vacation residence. No events or parties are allowed in or on the Property, including but not limited to, weddings, receptions, bachelor/bachelorette parties, birthday parties etc. Guest will use the Property for lawful purposes only and will comply with all Legal Regulations (as defined below). Guest will comply with all HOA rules and CC&R’s. All outside noise must be taken inside by 10PM. If Cedar Creek Realty receives a report of loudness or disturbances, there will be a $500 fine. Guest will not damage or destroy the Property. All Properties are NO SMOKING. If a smoke smell is detected in the cabin upon Guests departure, charges will apply. Unless otherwise stated, pets are not allowed. The number of guests may not exceed the maximum number stated on the website. Violations are subject to additional charges in the same amount as the full rental fee paid. Due to the nature of the area, Wi-Fi, although advertised, is not guaranteed. There are no refunds for non-operable Wi-Fi.
Only Guest and Guest’s authorized guests may reside at the Property. Guest will not assign any interest in or sublet any part of the Property. For purposes of this Vacation Rental and Confirmation Agreement (this Agreement) the term “Property” means the Property and any and all Equipment (as defined below); the term “Legal Regulations” means any and all laws, statutes, ordinances, codes, regulations, orders, rules, covenants, conditions, bylaws, easements, declarations, leases, liens, and restrictions directly or indirectly affecting or concerning the Property and/or the Property’s use, renting, occupation, maintenance, ownership, and/or control; the term “Equipment” means any and all furniture, furnishings, appliances, televisions, hot tubs, spas, saunas and all mechanical, electrical, gas and plumbing fixtures and equipment located on or at the Property.
GUEST INSPECTION: Guest will immediately upon arrival examine the Property and will immediately report any damage discovered and any Equipment not in proper operating condition. If Guest fails to report any Property damage, Guest may be held responsible for any Property damage discovered after Guest’s occupancy.
HOT TUBS, SPAS and SAUNAS: If the Property contains a hot tub, spa or sauna, Guest’s use of same is at Guests sole risk. Cedar Creek Realty makes no representations or warranties concerning the condition and/or use of the hot tub, spa or sauna. Guest is fully aware that the hot tub, spa, sauna and surrounding patio/deck may be dangerous. Guest must be cautious when entering and exiting the hot tub, spa and sauna. Children under the age of 14 must be accompanied by an adult. Pregnant women should not use the hot tub, spa and/or sauna. Guest is aware that use of the hot tub, spa and/or sauna may result in injury or death. Guest will learn about safety, precautions and safety procedures concerning sitting in or being around the hot tub, spa and sauna.
WEATHER and PROPERTY CONDITIONS: Cedar Creek Realty will not provide any refunds due to the occurrence of any of the following non-exclusive events: (a) inclement weather; and/or (b) failure or closure of public utilities and/or recreational amenities (c) natural disasters, including but not limited to the evacuation due to a forest fire; and/or (d) air quality, including but not limited to smoky conditions. Guest acknowledges that the Property is located in a wilderness area. As such, Guest acknowledges that certain hazards, dangers, animals, rodents, birds, reptiles, bugs and insects that may be dangerous and/or cause damage, injury, illness, and/or death to person or property may be located in on and/or surrounding the Property (individually and collectively, “Hazardous Conditions”). These Hazardous Conditions include, without limitation, cliffs, holes, brush, ponds, lakes, rivers, harmful plants, deer, bear, coyotes, mountain lions, squirrels, bats, mice, snakes, ants, spiders, skunks and raccoons. Guest knowingly, freely, and expressly agrees to accept and assume risks concerning all Hazardous Conditions, whether known or unknown.
WINTER CONDITIONS: Guest acknowledges that the Property is located in a snow impacted area and as such hazards, dangers and possible damage to personal property exists. These Hazardous Conditions include, without limitation, icy and snowy conditions on streets, driveways, stairs, decks etc., falling icicles, snow mounds, avalanches, plowing, sledding and all winter sports activities, which may be dangerous and/or cause damage, injury, illness, and/or death to person or property. Guest knowingly, freely, and expressly agrees to accept and assume risks concerning all Hazardous Conditions, whether known or unknown. Guest acknowledges there is no parking on the streets in the rental neighborhoods and that Guest must carry chains at all times when traveling in the Sierra.
RELOCATION: Cedar Creek Realty reserves the right to move the Guest in the event the Property becomes unsuitable or unavailable for Guests occupancy due to conditions beyond Cedar Creek Realty’s control. Cedar Creek Realty will make every reasonable effort to arrange a comparable property. If Cedar Creek Realty is unable to locate a comparable rental property, Guest may cancel Guest’s reservation and receive a refund of any amounts paid but not used, for rental of the Property.
DAMAGES and ADDITIONAL CHARGES: Failure to comply with the rental contract terms & conditions, damage to cabin or contents and/or miscellaneous services including but not limited to extra cleaning, excess trash removal. Loud and disruptive behavior, late check-out, phone charges, loss of keys, loss of tags, mailing back personal property etc. will result in additional charges to Guests credit card. Renter is also responsible for any costs resulting in attorney’s fees incurred for costs of collection.
WAIVER, RELEASE and INDEMNIFICATION PROVISION: Guest acknowledges and agrees that use of the Property (including but not limited to Spas, Hot Tubs, Saunas and any other Equipment) bears certain risks and hazards which may result in injury, death, illness, and/or to Guest and/or third parties. GUEST HEREBY KNOWINGLY, FREELY, AND EXPRESSLY AGREES TO ACCEPT AND ASSUME ALL SUCH RISKS AND HAZARDS, WHETHER KNOWN OR UNKNOWN. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, GUEST HEREBY KNOWINGLY AND VOLUNTARILY WAIVES, RELEASES, FOREVER DISCHARGES AND AGREES TO DEFEND, INDEMNIFY, AND HOLD HARMLESS, CEDAR CREEK REALTY, INC., CONTRACTOR, THE PROPERTY OWNER(S), AND ALL PRESENT AND FUTURE DIRECTORS, OFFICERS, SHAREHOLDERS, MEMBERS, MANAGERS, EMPLOYEES, AGENTS, ASSIGNEES, PARTNERS, CONTRACTORS, AND REPRESENTATIVES OF THE AFOREMENTIONED PARTIES (INDIVIDUALLY AND COLLECTIVELY “RELEASED PARTY(ies)”) FOR, FROM, AND AGAINST ANY AND ALL CLAIMS, ACTIONS, PROCEEDINGS, DAMAGES, LIABILITIES, INJURIES, LOSSES AND EXPENSES OF EVERY KIND, WHETHER KNOWN OR UNKNOWN, WHETHER ARISING AT LAW OR IN EQUITY, INCLUDING, WITHOUT LIMITATION, ATTORNEY FEES AND COSTS (COLLECTIVELY “LIABILITIES”), RESULTING FROM OR ARISING OUT OF, WHETHER DIRECTLY OR INDIRECTLY, THE FOLLOWING: (a) ANY AND ALL LIABILITIES FOR WHICH GUEST MAY BE LIABLE TO OTHERS; (b) ANY DAMAGE, INJURY, ILLNESS AND/OR DEATH TO PERSON; (c) ANY LOSS, THEFT, VANDALISM, DAMAGE, AND/OR DESTRUCTION TO THE PROPERTY; (d) ANY HAZARDOUS CONDITIONS; (e) ANY LIABILITIES WHICH MAY ARISE DIRECTLY OR INDIRECTLY IN CONNECTION WITH GUEST’S AND/OR ANY OTHER PERSON’S USE AND/OR OPERATION OF SPAS, HOT TUBS, SAUNAS AND/OR ANY OTHER EQUIPMENT; (f) THE NEGLIGENCE OF ANY RELEASED PARTY; AND/OR (g) GUEST’S BREACH AND/OR FAILURE TO PREFORM ANY GUEST OBLIGATION UNDER THIS AGREEMENT. GUEST UNDERSTANDS AND AGREES THAT THIS WAIVER, RELEASE, AND INDEMNIFICATION PROVISION WILL EXTEND TO ALL CLAIMED WRONGFUL ACTS OF ANY RELEASED PARTY TO THE FULEST EXTENT PERMITTED UNDER APPLICABLE LAW, INCLUDING, WITHOUT LIMITATION THE NEGLIGENCE OF ANY RELATED PARTY.
AGE RESTRICTIONS: Guest must be 25 years of age to make a reservation and/or to check in and pick up the keys.
MISCELLANEOUS: Each provision contained in this Agreement will be treated as a separate and independent provision. The un-enforceability of any one provision will in no way impair the enforceability of any other provision. Any exhibits, schedules, and other attachments referenced in the Agreement are part of the Agreement. The Agreement/Terms and Conditions, contains all of the terms and conditions of the parties’ agreement and supersedes any other oral or written negotiations, discussions, representations, or agreements. The Agreement will be governed by and construed in accordance with the laws of the State of California, and venue for any action concerning the Agreement will lie in Calaveras County, California. If litigation or arbitration is instituted to enforce or determine the parties’ rights or duties arising out of the terms of this Agreement, the prevailing party will recover from the losing party reasonable attorney fees and costs incurred in such proceeding to the extent permitted by the judge or arbitrator, in arbitration, at trial, on appeal, or in any bankruptcy proceedings. If there is more than one Guest, each Guest will be jointly and severally liable for the performance of each and very Guest obligation arising out of or under this Agreement. Time is of the essence with respect to each and every Guest obligation contained under this Agreement. The termination of the Agreement, regardless of how it occurs, will not relieve a party of any obligations that have accrued before termination, if Guest fails to perform any of Guest’s obligations under this Agreement, Cedar Creek Realty may, in addition to any other remedy provide Cedar Creek Realty under this Agreement, pursue any and all remedies available to Cedar Creek Realty at law or in equity. All available remedies are cumulative, and May be exercised singularly or concurrently. Guest will cause and ensure that each guest of Guest performs and complies with this Agreement; Guest will be liable for any guest’s failure to perform and comply with this Agreement. Cedar Creek Realty may provide Guest’s personal information (e.g., name, contact information etc.) to the Property owner or any person or entity required under applicable law for the purpose of contacting Guest, to enforce the terms of this Agreement, and/or any other reasonable purpose.
NOTE: Properties are all personally owned and as such may have problems from time to time, including but not limited to appliances, hot water heaters, electronics, plumbing, septic systems etc. Should a problem arise, Cedar Creek Realty will make every attempt to get the problem corrected, however Guest is made aware that vendors are not on call 24 hours a day, 7 days a week. If a problem arises on a weekend it is quite possible the repair will not take place until Monday.
Thank you for selecting Cedar Creek Realty for your vacation rental.
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