This Vacation Rental Agreement (“Agreement”) between Mount Bachelor Village Corporation – or future assigns (“Company” or “we” or other variations of such pronoun) – and “you” (or other variations of such pronoun) is for rental of the vacation rental property or properties (the “Property”) specified in a confirmed reservation.
By booking your rental Property, you acknowledge that you have read and understood, and agree to be bound by, all terms, condition, and policies in this Agreement.
The description of the Property set forth on our website or the portal you used to book your stay, including without limitation, the parking limitations and maximum occupancy information (the “Property Description”), are part of this Agreement and are incorporated herein by this reference.
Minimum Age. You must be at least 25 years of age to rent the Property. You hereby confirm that you are at least 25 years of age.
Payment Procedure; Details of Stay. In order to book a Property you must make a deposit equal to fifty percent (50%) of the total amount due. The remaining amount due for your stay (including the remaining nightly rental rate for your lodging, taxes, fees, and a security deposit, if applicable) will be charged to your credit card upon check-in. Any additional incidentals will be charged upon checkout. We do not accept checks or cash payments. We will provide you with directions to the Property and the key upon payment in full for your stay.
Responsible Renter. You are the responsible renter of the Property and you agree to be an occupant of the Property for the entire duration of the rental. All other occupants will be family members, friends, other responsible adults over 21, or accompanied by a parent or legal guardian. You agree to be solely responsible for your actions and the actions of all family members, guests, and invitees (collectively, “Occupants”) present at the Property at any time during your stay, and to ensure that all Occupants understand and comply with the Terms.
Good Neighbor Policy; Quiet Hours. We enforce a good neighbor policy. Please treat the Property with the same care you would use with your own residence and leave it in the same condition it was in when you arrived. To prevent theft of or damage to furnishings or your personal property, you agree to close and lock doors and windows when you are not present at the Property and upon check-out. You and your Occupants agree to conduct yourselves throughout your stay in a manner that is respectful of and not disruptive to neighbors, traffic flow, or the resort community and that will not prompt complaints to us from police, neighbors, or homeowner associations. Noise audible outside the Property (including music or loud conversation) is prohibited between 10 p.m. and 7 a.m.
Parking; No Boats, RVs, Etc. The Property is limited to a specific amount of off-street parking, as set forth in the Property Description. You and your Occupants agree to abide by all applicable parking restrictions and limitations. No boats, buses, campers, recreational vehicles, personal watercraft, wave runners, or trailers, regardless of type or size, may be parked at the Property. Please contact us if you have any questions about parking.
Maximum Occupancy. The number of people (including children) present at the Property may not exceed the maximum occupancy set forth in the Property Description.
No Smoking. No smoking is permitted at the Property (including on porches, decks or outdoor areas). “Smoking” means inhaling, exhaling, breathing, carrying, or possessing any lighted or electronic cigar, cigarette, pipe, vaporizer, joint, or other tobacco or marijuana product in any manner or in any form. No marijuana, medical or otherwise, may be used, grown, stored or consumed on the premises.
Pets. No pets of any kind are permitted at the Property except (1) as specifically authorized in the Property Description and your reservation, or (2) bona fide service animals we are required by law to allow. If your pet is permitted on the Property, a non-refundable pet fee (plus tax) will be charged per pet. Please keep your pet off of the furniture (including the couches, chairs, and beds) and pick-up and properly dispose of your pet’s excrements.
Events and Commercial Photography; Structures. Events and commercial photography or filming are prohibited at the Property without our express written permission. (If approved, additional conditions and fees may apply.) Prohibited events include, parties, meet-ups, weddings, and receptions. No tents, canopies, or other structures may be erected on the Property.
Hot Tub Use. If the Property includes a hot tub, you and your Occupants use such hot tub at your own risk and HEREBY AGREE TO ACCEPT AND ASSUME ANY AND ALL RISKS OF INJURY, DEATH OR PROPERTY DAMAGE RESULTING FROM USE OF THE HOT TUB. Please do not remove the brominator (floating disinfectant) from the hot tub as this will cause the chemicals to be out of balance. Please shower before entering the hot tub and replace the hot tub cover upon exiting. Please do not consume food or beverages inside or around the hot tub. The hot tub is not suitable for pregnant women, children under 12 years of age, intoxicated persons, or persons with certain heart or health conditions. If you have any questions about use of a hot tub, consult your physician. We may charge you an additional $25 cleaning fee for cleaning the hot tub if you are staying at a Property for an extended stay.
Keys. We provide one key. If you lose the key, you will be charged a fee in the amount it costs us to replace the locks on the Property.
Early Check-In/Late Check-Out. Check-in time is at or after 5:00 P.M. Pacific Time for off peak season. For high season (Memorial day through Labor Day) and holidays check-in time is at or after 6:00 PM. Check-out time is at or before 11:00 A.M. Pacific Time. Early check-in or late check-out may be available; however, additional charges may apply. If you do not vacate by check-out time (or late check-out time as agreed by Company), you authorize us to deduct from your deposit or bill your credit card on file for a late departure fee of up to one night’s rental and we may evict all Occupants and remove their personal property from the Property.
Housekeeping and Maintenance Issues; Property Conditions. The Property is provided AS-IS, and we are not responsible – nor will you be provided with any discount – for the inoperability or unavailability of any amenities (including, without limitation, any phone or internet service, air conditioning, TVs, VCRs, DVDs, cable, and hot tub). You agree to contact us as soon as you notice any maintenance or housekeeping problem, or any potentially hazardous condition, at the Property, or if any incident occurs at the Property that is related to such a problem or condition. We will take reasonable and appropriate steps to remedy any reported problem as soon as practicable. We may enter the Property at your invitation to remedy any problem you report, at reasonable times and with reasonable notice to inspect, maintain, or repair the Property, and to address any situation that we reasonably deem an emergency that threatens persons or property. We provide an initial supply of tissue, toilet paper, paper towels, bath soap, laundry, dish detergent, clean bed linens, and towels. We do not replenish products during your stay.
Your Cleaning Obligations. Please leave the Property in the same general condition as it was in when you arrived. Clean all food and drink spills immediately. Be aware that food and drink spills on carpet and furnishings constitute damage to the Property (and not normal wear and tear). Do not wear high heels, spiked heels, golf cleats, or other abrasive footwear on wooden floors. Remove all of your food from the refrigerator and clean any spills you are responsible for inside the refrigerator. Do not leave dirty dishes; rinse dishes and place them in the dishwasher on the wash cycle. Strip dirty linens from the beds and place them in the laundry room. Staff will arrive shortly after your departure to thoroughly clean and inspect the Property.
Criminal Activity Prohibited. Use of the Property for any criminal activity is prohibited and may result in fines or prosecution. This prohibition extends to use of the Property’s Internet service, if any, for criminal activity, including unlawful downloads of copyrighted material, including movies, music, software, or other material. We will cooperate with any investigation of alleged criminal activity at the Property during your stay.
Consequences of Breach. Any failure by you or any other Occupants to comply with any of the terms of this Agreement may result in a forfeiture of your rights to rent the Property, up to and including immediate eviction from the Property without refund. In addition, you are responsible for, and you authorize us to deduct from any deposit you have made with us and, if your deposit is not sufficient to cover the full amount (or you have not made a deposit), to bill your credit card on file for the full amount of: (1) any damage, theft, or loss that occurs at the Property during your stay; (2) a charge of $200 plus tax per violation for any violations of the pet policy, including for bringing a pet (when you are not authorized to do so) or bringing more pets or different types of pets than specifically authorized; (3) a charge of $50 for failure to pick-up and properly dispose of your pet’s excrements; (4) a charge of $250 plus tax per violation of a parking restriction; (5) a charge of up to $75 plus tax per violation for noise complaints from neighbors received by us during your stay; (6) an additional cleaning fee of up to $500 for excessive cleaning required by the acts or omissions of any Occupant during your stay; and (7) the full amount of any fines issued by police, other government officials or agencies, utility providers, and/or homeowner associations for violation of any law, ordinance, or rule during your stay, and any damages (which may exceed the amount of fines) that result from the violation. If any unauthorized download of copyrighted material via the Property’s Internet service occurs during the period of your stay, you agree that we may share your contact information with the Internet service provider or any other party we reasonably believe has enforcement rights.
Cancellation Policy; No-Shows; Changes. Rental payments are fully refundable (less a $75 cancellation fee, any booking fee and taxes charged to you, which are nonrefundable) for cancellations received 31 or more days before the first night of your reservation. No full or partial refunds will be granted for no-shows or if you cancel within 30 days of the first night of your reservation, arrive after the first night of your reservation, or depart before the last night of your reservation. No refunds or compensation will be given if the Property is unavailable for any reason outside of our control, including but not limited to adverse weather conditions, natural disasters, mechanical failures, acts of government agencies, or utility outages. We advise our guests to obtain appropriate travel insurance.
Travel Protection Insurance. Sun Trip Preserver travel insurance is available through Red Sky Travel Insurance, and can be purchased up until time of final payment for the Property. This insurance is optional to you. In case of any unforeseen events, this insurance helps protect your vacation investment. Questions regarding Red Sky Travel Insurance should be directed to, and the Sun Trip Preserver insurance product can be obtained by calling 1-866-889-7409 or via Sun Trip Preserver’s website at http://www.trippreserver.com/sun-trip.html. Subject to availability and is not currently available in all markets including Mt. Bachelor Village Resort.
Choice of Law and Venue for Disputes. This Agreement shall be governed by the law of the State of Oregon without regard to its conflict of laws provisions, and both parties consent to the exclusive jurisdiction and venue of the courts of Lincoln County, Oregon, U.S.A.
Limitation of Liability. TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO CASE SHALL COMPANY, NOR ITS AFFILIATES, MANAGERS, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, OR OWNERS, BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, OR EXEMPLARY DAMAGES, OR FOR ANY DAMAGES FOR DEATH, PERSONAL OR BODILY INJURY, EMOTIONAL DISTRESS, OR DAMAGE TO PROPERTY, ARISING OUT OF OR IN CONNECTION WITH YOUR STAY AT THE PROPERTY. THIS LIMITATION APPLIES TO ALL CLAIMS FOR DAMAGES WHETHER BASED ON A THEORY OF WARRANTY, CONTRACT, TORT (INCLUDING ORDINARY NEGLIGENCE), STRICT LIABILITY, OR OTHERWISE, EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE AND EVEN IF THE LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
Indemnity. You agree to hold harmless and indemnify Company for all losses, damages, and claims for property damage, personal injury, or monetary loss (including attorneys’ fees) resulting from your actions or omissions, and the actions or omissions of your Occupants, during your stay.
Substitution of Property. On rare occasions, due to ownership changes, properties being removed from rental use, or a need for extensive repairs or maintenance, the Property may not be available for rental on the dates of your reservation. In this unlikely event, we reserve the right to substitute a comparable property. If comparable accommodations are not available, you will have the option of (1) selecting from other available properties (in which case you are responsible for, or will receive the benefit of, any difference in cost) or (2) receiving a complete refund of your reservation payment. In the event of a substitution of rental properties, all terms in this Agreement, plus any terms set forth in the Property Description specific to the substituted property, shall apply to your stay in the substituted property.
Additional Matters. Please refrain from publishing any untrue disparaging remarks about the Company, including its employees and agents, or the Property. We reserve the right to seek redress for defamation (i.e., libel or slander) to the fullest extent of the law. We reserve the right to reject your request for occupancy or to cancel reservations (with a full refund) in our sole discretion. This Agreement may only be amended or modified by a writing signed by you and an officer of the Company. You understand that the Company’s non-management level employees, including its receptionists and help-desk personnel, do not have authority to accept, modify, or waive any term or condition set forth herein.
Contact Us. You may contact the Company at any time by calling 1 (800) 452-9846. If you are unable to reach us during regular business hours, please leave a message and your call will be returned as soon as possible. For additional information, please visit our website.