Terms & Conditions
<p>Thank you for placing a reservation with Kiwanda Coastal Properties Vacation Rental Management. Your reservation has been secured with your credit card. This Short Term Rental Agreement (the “Agreement”) is made by and between Kiwanda Coastal Properties (“Agent”) and “Guest(s)” and is for rental of the vacation rental property (the “Property”). For good and valuable consideration, the sufficiency of which is acknowledged, the parties hereby agree as follows:</p>
<p>By accepting this Agreement electronically (for example, by clicking “I have read and agree”), or booking or otherwise occupying, accessing or using the Property, you acknowledge that you have read and understood, and agree to be bound by, all terms, conditions, and policies in this Agreement.</p>
<p>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.</p>
<p><strong>Payment:</strong> Guest agrees to pay the total amount due prior to or at check-in. Upon reserving the Property, you will be charged a first payment of 15% of the total amount due. The remaining payment is due prior to, or upon arrival. Personal checks and cash are gladly accepted. Visa, MasterCard & Discover are also accepted.</p>
<p>You acknowledge you are responsible and liable for all costs, fees, taxes, expenses and other charges incurred in connection with your short-term rental of the Property, including those items chargeable to your credit card as described above. You acknowledge that you remain responsible and liable for all such amounts not paid by your credit card company, and that the Agent have all rights available at law and in equity to collect such amounts if you fail to pay. You also acknowledge that you may be responsible for additional charges as outlined below.</p>
<p><strong>Occupancy, Parking, & Signing Guest:</strong> The responsible Guest must be over the age of 24, will sign this agreement and agrees to be an occupant of the Property for the duration of the stay. All other guests are required to be responsible adults over the age of 24 or family members of the responsible guest or minors accompanied by their legal guardians. The responsible guest is solely responsible and liable for the safety and security of you and each other occupant during your stay.</p>
<p>Guest agrees that this is a short-term, nightly accommodation and this Agreement does not constitute a lease regardless of duration of your stay. Property cannot be used in anyway as a primary residence.</p>
<p>Please strictly adhere to all occupancy and parking rules for the house (this includes visitors during the day). If additional vehicles are necessary, please contact us for special arrangements. Guest(s) shall park in the assigned parking area only. Guest(s) agrees to use that assigned parking area in a considerate manner so as not to cause any undue or negligent damage to the area’s lawn, bushes, trees, shrubs, buildings, etc. Occupancy & parking rules are strictly enforced and apply to the entire property during the stay. Additional day-use guests may be allowed with management pre-approval. Events are not allowed. No tents, canopies, or other structures may be erected on the Property.</p>
<p>Each Property has limited and described parking. RVs, boats, trailers, buses, campers, jet-skis, etc. are generally not allowed but may be pre-approved depending on the Property.</p>
<p><strong>Cancellation Policy</strong> 1/2 the total cost of the Booking is subject to forfeiture if reservation is canceled or changed within 30 days of arrival. 100% of rental rate is charged if cancelled (or no-show) within 7 days of arrival. If the house is fully rebooked by another renter, cancellation charges (less $35) will be refunded. Reservation cancellation fee is $35. If you do not book direct, and instead book through a third party, additional fees and refund and deposit policies may apply (but all other terms and conditions of this Agreement remain the same). Please review the policies of any third party booking sites prior to confirming your booking.</p>
<p><strong>Pet Policy:</strong> Please notify us if you are bringing a pet to a pet friendly home. Pets are limited to domestic, housebroken dogs. Do not leave the pet in the house unattended unless it is kenneled. Clean up all outdoor evidence of your dog. Dogs are not allowed on any furniture or bedding. If your home does not allow pets, and evidence of a pet is found you will be subject to additional charges at the discretion of management.</p>
<p><strong>Expected behavior and Damage: Guest</strong>(s) agrees to be held completely liable for accidental or malicious damage to house or contents of house(s) during rental time by Guest(s) or Guest(s)’ guests. Guest(s) certifies that they will comply with all the rules regarding peaceful enjoyment of neighbors, allowable people in premises. This Property is in a residential zone and shares a neighborhood with full-time residents. We are governed by noise and nuisance rules. Noise audible outside of the property between 7pm and 7 am is prohibited. Please prevent theft or crime by locking doors and windows and securing your belongings.</p>
<p>No smoking is permitted at the Property.</p>
<p><strong>Hot tub & other amenities: </strong>The Property may include a hot tub, jacuzzi, access to water, access to public land, access to amenities like kayaks, boogie boards, bicycles, or other equipment or activities. You acknowledge and agree that such activity and equipment carry inherent risk and that occupants assume all risks resulting from or related to access to equipment or activity. As a condition to using the Property, you unconditionally release and forever discharge the Agent and Owner from any claims, demands, actions, suits and liabilities. Guests, and guardians, assume all risk of injury or other loss resulting from any recreational activity and will hold the Agent and Homeowner harmless with respect thereto.</p>
<p>Guest(s) agrees that at the discretion of management, security deposits(s) will be held and/or additional charges will be assessed to renter for damages, additional cleaning or non-compliance of rules. Renter will be supplied with a detailed accounting to pay any additional costs or be criminally prosecuted by owner and management with all associated legal costs and collection charges being paid for by Renter. Guest(s) acknowledges and understands that he/she is financially responsible for any and all property damage which may occur during the stated rental period which can reasonably be attributed to the rental party’s negligence or abuse. Damage to, decor, equipment, and/or furnishings or removal of said items during the reservation period caused by any member of the party regardless of whether the member(s) is duly authorized (i.e. unauthorized guest or pet).</p>
<p>Guest authorizes management charge additional funds for 1) Unauthorized pet-$200 2) Pet waste pickup $50 3) additional cleaning (including excessive garbage) billed at $50/hour. 4)$200 for violation of a parking restriction 5) The full amount of an fines, penalties or assessments issued by the policy or other governing officials.</p>
<p>Guest will be responsible for payment for any and all damage & fines.</p>
<p>Property is provided AS-IS. Agent does not guarantee amenities & condition of Property. Guest agrees to notify agent immediately of any condition of the house lending itself to discomfort or that seems unsafe. Guest understands there are no refunds for early departure. There shall be no refunds of rents due to shortened stays or ruined expectations due to weather conditions, or other unexpected personal emergencies.</p>
<p><strong><u>Limited Damage Waiver (LDW)</u></strong> – Included with every reservation is a Limited Damage Waiver. The LDW covers you for up to $2,000 of accidental damage to the property or its contents (such as furniture, fixtures, and appliances) during your stay, provided that you report the incident to Agent prior to checking out. <span style=”text-decoration: underline;” class=”ek-underline”>In the event that something is damaged or broken you must call our office immediately in order for the LDW to apply. </span>The LDW fee eliminates the need for a traditional security deposit. You are required to report accidental damage as soon as it occurs so we can assess and minimize the extent of the damages.</p>
<p>The LDW does not cover any intentional or malicious damage, additional required cleaning, structural damage, theft, unnecessary maintenance, vehicles, guest personal items, or assessed additional charges. The LDW does not cover damage to any structure other than the Property. You are responsible and liable for any accidental damage that exceeds $2,000. Damages for covered claims in excess of $2,000 or for uncovered claims will be charged to your credit card. The LDW program is provided and administered by the Company and is not an insurance policy. The LDW does not apply if you breach this Agreement, commit any fraud in connection with your stay, or misrepresent any information provided to us. The LDW does not constitute insurance in any respect.</p>
<p><strong>INDEMNIFICATION AND HOLD HARMLESS:</strong> This property is privately owned. Although highly unlikely, guest understands that at the discretion of owner or management, their stay can be interrupted or cancelled at any time. </p>
<p>Owner and Agent/Management will be held harmless from all claims, actions and judgment of injuries to persons or property suffered on or about said premises. Renter/Guests acknowledge and understand that each and every guest, or guardian, is solely responsible for any accident or injury to any person while in-residence, and neither the Owner nor the Agent accepts any legal or financial responsibility whether based on a theory of warranty, contract, tort (including ordinary negligence). Guest(s) hereby agree to indemnify and hold harmless Agent and/or the Homeowner from any and all claims, for any liabilities, theft, damage, personal injury, illness, cost, or potential monetary loss expense whatsoever arising from or related to any claim or litigation which may arise out of, or in connection with, Guest(s) use and occupancy of the rental property.</p>
<p>If for some reason the property becomes unavailable Agent will make all reasonable efforts to provide timely notice and alternative accommodation. Homes are privately owned and subject to various situations (weather, damage, necessary repairs and other extenuating circumstances) that would make them unavailable to guests. Guest(s) hereby agree to indemnify and hold harmless Agent and/or Homeowner from any liabilities or claims that result in a cancelled reservation.</p>
<p>You have secured your booking with a credit card. You may receive additional charges on your credit card if you have left the home in unacceptable condition upon checkout and/or if you have not complied with applicable rules.</p>
<p><strong>Noncompliance of the rules could result in additional charges, and/or eviction from the property.</strong></p>
<p>By acknowledging and accepting this Agreement or otherwise accessing or using the Property, you agree to be opted into communications from the Agent via phone, e-mail, mail, or other communications to which you may opt out after receipt of such communications pursuant to all pertinent laws and regulations regarding such communications.</p>
<p><strong>Check-in time: 4:00 PM. Check-out time: 11:00 AM. We cannot accommodate early check-in, or late check-out without preapproval.</strong></p>
<p>Thank you and we look forward to seeing you at the beach!</p>
