In consideration of the rent received and the mutual promises contained herein, Fenwick Vacation Rentals Inc. does hereby lease and rent to Guest(s) such Rental Property under the following terms and conditions:
1. Guest agrees to abide by all rules and regulations contained herein or posted on the premises related to the Rental Property. Guests obligations include but are not limited to keeping the premises as clean and safe as the conditions of the premises permit and causing no unsafe or unsanitary conditions in the common area and remainder of the premises that Guest uses. Guests agree not to use the premises for any commercial activities or purpose that violates any criminal law or governmental regulation. Guest's breach of any duty contained in this paragraph shall be considered material and shall result in the termination of guest occupancy with no refund of any kind.
2. In no event shall the Rental Property be occupied by more persons than the capacity of the property as stated on the web site or the confirmation letter, without prior approval by Fenwick Vacation Rentals Inc. No fraternities, school, civic, or other non-family groups are allowed unless Fenwick Vacation Rentals Inc. grants prior approval. In no event shall Guests assign or sublet the Rental Property in whole or in part. Violations of these rules are grounds for expedited eviction with no refund of any kind. Guests hereby acknowledge and grant specific permission to Fenwick Vacation Rentals Inc to enter premises at any time for inspection purposes should Owner reasonably believe that Guests are causing or have caused any damage to Rental Property. Guest further agrees to grant Fenwick Vacation Rentals Inc. access to Rental Property for purposes of maintenance and repair. If listed "For Sale", Guests agree to grant access by scheduled appointment upon notification.
3. In the event Guests wishes to cancel their booking, and if the cancellation is made with more than 30 days of the arrival date, the full amount will be refunded. If Guest is able to find and substitute new guests for the same time period, the entire rental amount will be refunded. If less than 30 days is provided for notice of cancellation the cost of the booking is not refundable.
4. If this booking is with booking.com or expedia- The full payment is required 30 days prior to your arrival. The credit card on system will be used. If the automatic payment fails for any reason, it is the responsibility of the Guest to make sure that the remaining balance is promptly paid in full, or the reservation will be canceled with no refund of payments made. All policies contained in this Agreement shall apply equally to payments made by credit card, check or cash and whether made via website, by phone or in person. Any refunds due to Guests from a credit card payment will be refunded by credit card transaction; all other refunds will be made within 30 days by check.
5. In the event of any damages, Fenwick Vacation Rentals Inc. will provide Guest with a full accounting of expenses incurred. Guest agrees to pay the balance within five (5) business days after receiving notification. Expense could include, but are not limited to: excess cleaning fee, incurred fees, trash removal fee, missing item replacement costs, damaged item replacement or repair costs, replacement cost of Banff pass, repair costs of buildings or grounds, or other service call fees. Owner is under no obligation to use the least expensive means of restoration. If an item becomes broken or appears in need of repair please contact us right away.
6. Regular payments for booking.com and Expedia will appear as FenwickVacationRentals on the Guest's credit card statement.
7. Guests must obtain permission from the Fenwick Vacation Rentals Inc. to have pets on the Rental Property. If permission is not given by the Fenwick Vacation Rentals Inc., any pet(s) found in or about the Rental Property will be grounds for expedited eviction and forfeiture of all monies paid. When pets are staying in the Rental Property, they are required to be kept clean while inside the property and must be on a leash at all times.
8. No refunds will be provided due to inoperable appliances, pools, hot tubs, elevators, etc. Fenwick Vacation Rentals Inc. will make every reasonable effort to assure that such appliances will be and remain in good working order. No refunds will be given due to power blackouts, water shortage, flooding, snow, construction at adjacent properties, or mandatory evacuations of the area by county officials due to hurricanes or other potentially dangerous situations arising from acts of god or nature. In properties with pools and hot tubs maintenance and weather can cause the pool and hot tubs to close without notice.
9. If a hot tub or pool is provided at the Rental Property, it will be prepared and tested daily by out pool maintenance staff. You are responsible to view the pool or hot tub rules prior to use. Do not share the pool and hot tub codes with your children as the pool and hot tubs do not have a life guard on duty. Children under the age of 14 must be supervised at all times by an adult. NO glass in the pool area at any time. Be respectful of other guests and families using the pool area. Misuse of a hot tub or pool by the spilling of foreign substances into the pool, i.e. soap, shampoo, oils, glass or metal will result in a Service Call Charge at the sole discretion of Owner. Under no circumstances are pets allowed in pools or hot tubs. Violation of this provision shall be grounds for expedited eviction and forfeiture of all monies paid.
10. Guest will need a calling card in order to make long distance calls from the Rental Property. - Page 2 - 11. Guest is responsible for all shipping costs for any Lost and Found items that Owner is requested to return to Guest. Items found and not claimed within 30 days will be disposed of at the discretion of Owner.
12. Linens, towels, pool towels and bath robes are provided by Fenwick Vacation Rentals Inc., Guest is responsible for lost or damaged items at the replacement cost for damaged or lost linens or towels. White linens should not be used for make up or to clean up spills.
13. In the event Fenwick Vacation Rentals Inc. is unable to make Rental Property available for any reason other than described above or a reasonable substitute as determined by Fenwick Vacation Rentals Inc., Guest agrees that Fenwick Vacation Rentals Inc. sole liability as a result of this unavailability is to provide a full refund of all monies paid under this Agreement and Guest expressly acknowledges that in no event shall Fenwick Vacation Rentals Inc be held liable for any special or consequential damages which result from this unavailability. Guest also agrees to indemnify Fenwick Vacation Rentals Inc. from and against liability for injury to Guest or any other person occupying Rental Property resulting from any cause whatsoever including, but not limited to, injury sustained as a result of use of the phone, hot tub, pool, exercise equipment, elevator, etc. except only such a personal injury caused by the gross negligence or intentional acts of the Owner.
14. Fenwick Vacation Rentals Inc. may terminate this Agreement upon the breach of any of the terms hereof by Guest. Guest shall not be entitled to the return of any rental monies paid under the terms of this Agreement and shall vacate the Property immediately.
15. Agreement shall be enforced under the laws of the state within which the Rental Property is located, including any applicable rental acts of that state, and represents the entire Agreement. Any amendments must be in writing and signed by both parties. In the event of a dispute, legal action may only be instituted in the county within which the Rental Property is located. If any part of this Agreement shall be deemed unenforceable by law, that part shall be omitted from this Agreement without affecting the remaining Agreement. Fenwick Vacation Rentals Inc. shall conduct all brokerage activities in regard to this Agreement without respect to the race, color, religion, sex, national origin, handicap, or familial status of any Guest.
16. Guest must provide the name and age of each guest staying.
17. Follow check out instructions that you receive in your welcome letter. NOW, THEREFORE, in consideration of the mutual agreements and covenants herein contained, Guest has read and agreed to the following: I understand the rules and rental conditions upon which I am agreeing to rent accommodations,and use of the property, which may include pool, hot tub, exercise room, elevator. I acknowledge and accept that the sole responsibility for safety lies with the participant. In agreeing to this, I acknowledge that outdoor, mountain, water, and camping activities and exposure to the natural elements and animals can be dangerous and sometimes result in injury and even death. Riverbanks, streams, steps and decks can be slippery, animals and insects can threaten and infect or injure, exposure to the elements can cause hypothermia, sunburn, among other risks inherent in participating in camping, outdoor and water activities. I know that alcohol and/or drugs do not mix safely with any outdoor activity. I am over the age of 25 and assume responsibility for those in my charge under the age of
18. I hereby assume all legal responsibility for bodily injury to me or to any person on the property as a result of my visit and use of property. Acknowledging this, I accept complete responsibility for the minor children and myself in my charge and visit the property at my own risk. I will abide by the rules and accept these rental conditions: l The property I rent will be returned in the same condition in which it was rented and I will be responsible for all damage and/or loss that occurs during my rental period. l I agree to hold harmless and to indemnify the Fenwick Vacation Rentals Inc. and Owner of the Rental Property against all loss, damage, expense and penalty on account of personal injury or property damage to the rental, dwellers, the undersigned or to any minor child or children in the charge of the undersigned, howsoever rising, whether by act or acts or failure to act of the property manager or owners.
I acknowledge receipt of the property in good order and condition (if found otherwise per my arrival I will contact Fenwick Vacation Rentals Inc. immediately) and further agree that Fenwick Vacation Rentals Inc. and the Owner of the Rental Property shall not be liable for consequential damages of any kind or nature from whatever cause arising, whether property or equipment is loaned or rented.
I enter into agreement freely with Fenwick Vacation Rentals Inc and the Owner of the Rental Property at my own risk, acknowledging the risks inherent in outdoor and river activities and assume any and all responsibility for the minor children and myself in my charge.