Guest’s rental of the Property from Bennington Properties, LLC (“Bennington Properties” or “Bennington”) is made subject to the following terms and conditions:
1. Cancellation
If Guest cancels their reservation not less than 30 days prior to the Arrival Date, Guest will receive a refund, less a 10% cancellation fee (up to $250 max). Guest may not change the dates or home less than 30 days prior to the Arrival Date. If Guest cancels their reservation less than 30 days prior to the Arrival Date, Guest forfeits all monies paid.
COVID19. COVID19 and ongoing on-again/off-again travel restrictions are no longer unforeseen events. As long as Sunriver and Bennington Properties are legally able to stay open for business, our cancellation policy will apply to all COVID19 related cancellations (including limitations on, or reductions in, the size of your group). You are welcome to gift your reservation to a friend, co-worker, or family member in the event you choose not to travel due to COVID19 or related restrictions. If you decide to do this, please let us know so we can change the contact and credit card info (for damage) on the reservation. As long as your info stays on the reservation, you will be responsible for any damage, so this is an important step.
TRAVEL PROTECTION
CSA Travel Protection has been made available with your reservation through Bennington Properties. Travel Protection reimburses for pre-paid, non-refundable expenses due to certain unforeseeable circumstances that may jeopardize your vacation investment and force you to incur unplanned expenses. We strongly recommend you purchase this valuable protection. If NOT purchased, you acknowledge you 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 your policy carefully and contact CSA at (866) 999-4018 with coverage questions. Our standard Travel Protection does not cover airline tickets. You can purchase extra coverage for airline tickets by clicking HERE.
2. Guest Inspection
Guest will, immediately on 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.
3. Weather and Community Conditions
Bennington Properties 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. Bennington Properties does not make any representations and/or warranties concerning amenities provided by or through any homeowner associations, including, without limitation, pools, hot tubs, club houses, tennis courts, golf facilities, picnic areas, and bike paths.
4. Hazardous Conditions
Guest acknowledges that the Property is located in a mostly undeveloped and untamed 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 Condition(s)”). These Hazardous Conditions include, without limitation, cliffs, holes, brush, ponds, rivers, harmful plants, deer, coyotes, mountain lions, squirrels, mice, bats, rats, 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.
In furtherance of Guest’s obligations under Section 2, Guest will, immediately upon arrival, examine the Property and immediately report any Hazardous Conditions located in, on, and/or surrounding the Property which may create an unsafe condition. Guest will not use the Property if an unsafe Hazardous Condition exists at the Property. Upon notice of the Hazardous Condition, Bennington will inspect the Property and, if Bennington determines an unsafe Hazardous Condition exists, make commercially reasonable efforts to address the unsafe Hazardous Condition.
5. Damages
Guest will maintain the Property in a good and clean condition and will use the Property in a careful and lawful manner. Guest will not make any alterations in or to the Property, including, without limitation, moving furniture, paintings, rewiring or moving electronics (TVs, stereos, etc), adding or changing locks, placing signs, displays, or exhibits, or using screws, fastening devices, nails, or adhesive materials. Guest will pay for any damage to the Property, including, without limitation, any necessary or appropriate maintenance and/or repairs required because of Guest’s damage to property, misuse of the property, or alterations made to the property. Guest will be responsible for any losses incurred due to Guest’s failure to properly secure the Property.
6. Recreational Equipment
6.1 Any recreational equipment and accessories located on or at the Property (e.g., rafts, canoes, kayaks, paddleboards, floating tubes, bikes, non-motorized scooters, and related accessories and equipment (individually and collectively, “Recreational Gear”) are provided by Big Dog Bikes, LLC (“Contractor”) or the Property owner. Recreational Gear (whether provided by Contractor or the Property owner) is made available only for Guest’s recreational use during Guest’s scheduled reservation.
6.2 Guest’s use of the Recreational Gear may be dangerous and may result in injury or death. Guest’s use of the Recreational Gear will be done at Guest’s sole risk. Bennington Properties (and/or the Property owner) is not liable for, and makes no representations or warranties concerning, the quality or safety of the Recreational Gear. Guest will use and operate the Recreational Gear safely, for its intended purposes, and with due care. Guest will observe and adhere to all applicable laws, rules, and regulations concerning the use and/or operation of the Recreational Gear, including, without limitation, (a) Oregon’s bicycle helmet law (which law requires any person less than 16 years of age riding a bike or when a passenger on a bike in any public place (e.g., streets, roads, sidewalks, parks, etc.) to wear bicycle helmets labeled ANSI and/or Snell approved), and/or (b) boating regulations and weight and capacity limitations. Guest is responsible for obtaining and wearing proper and legally compliant protective gear and safety devices and equipment, including, without limitation, helmets and US Coast Guard-approved personal floatation devices (as applicable).
6.3 Guest will examine and inspect the Recreational Gear prior to use or operation. Guest will immediately report any unsatisfactory Recreational Gear conditions to Bennington Properties. If Guest does not report any unsatisfactory Recreational Gear conditions to Bennington Properties prior to Guest’s use or operation of the Recreational Gear, Guest will be deemed to have inspected the Recreational Gear and found that the Recreational Gear is in good, safe, operable condition, suitable for Guest’s use and operation. Guest will not damage and/or destroy the Recreational Gear (and/or permit another to damage or destroy the Recreational Gear). Guest will pay and be responsible for any damage or destruction to the Recreational Gear. Guest will pay and be responsible for any lost and/or stolen Recreational Gear. Guest will ensure that the Recreational Gear is returned to the proper storage location at the Property at the end of Guest’s scheduled reservation. Guest will make no additions, improvements, modifications, adjustments, and/or alterations in or to the Recreational Gear of any kind or nature whatsoever.
7. Hot Tub
If the Property contains a hot tub, Guest’s use of the hot tub is at Guest’s sole risk. Bennington Properties makes no representations or warranties concerning the condition and/or use of the hot tub. Guest is fully aware that the hot tub and surrounding patio/deck may be dangerous. Guest must be cautious when entering and exiting the hot tub. Guest is aware that use of the hot tub may result in injury or death. Guest will learn about safety precautions and safety procedures concerning sitting in or being around the hot tub. If, at any time, the hot tub looks cloudy or dirty, Guest will cease any further use of the hot tub and will call Bennington Properties immediately. A 10% per night refund will be issued for every 24 hours the hot tub is not working during Guest’s stay, if applicable.
WAIVER, RELEASE, AND INDEMNIFICATION PROVISION (IMMEDIATELY BELOW)
8. Waiver, Release, and Indemnification
Guest acknowledges and agrees that use of the Property (including, without limitation, the Bikes and any other Equipment) bears certain risks and hazards which may result in injury, death, illness, and/or damage 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, BENNINGTON, 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 THE BIKES; (f) THE NEGLIGENCE OF ANY RELEASED PARTY; AND/OR (g) GUEST’S BREACH AND/OR FAILURE TO PERFORM 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 FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW, INCLUDING, WITHOUT LIMITATION, THE NEGLIGENCE OF ANY RELEASED PARTY.
9. Vacation Rental House Rules
The Vacation Rental House Rules (the “House Rules”) are incorporated herein by this reference and are a part of this Agreement. Guest has carefully reviewed, understands, and agrees with the House Rules. Guest will perform and comply with the House Rules and any other rules and/or regulations that are posted on or at the Property and/or delivered to Guest from time to time.
10. Credit Card Required
A VISA, Discover, American Express, or MasterCard is required as a guarantee that Guest will fulfill Guest’s rental obligations. If Guest fails to perform any Guest obligation under this Agreement or otherwise breaches the terms of this Agreement, Guest authorizes Bennington Properties to charge Guest’s credit card for any necessary charges or damages. If the charges or damages exceed Guest’s credit limit, Guest will pay the difference immediately upon Bennington’srequest.
11. Payment of Rental Amount
Guest will pay Guest’s total reservation amount not less than 30 days prior to Guest’s scheduled Arrival Date. If Bennington does not receive payment of Guest’s total reservation amount not less than 30 days prior to the Arrival Date, Guest’s credit card will be charged for the unpaid balance of the reservation amount. If Guest’s credit card is declined and/or payment in full is not received within 30 days prior to the Arrival Date, Guest’s reservation will becancelled, and any rental payment made will be forfeited.
12. Security
Bennington Properties may require a security deposit for certain reservations. The amount of the security deposit will be determined by Bennington Properties in Bennington’s sole discretion. Security deposits must be received by Bennington Properties not later than 14 days before the Arrival Date. Upon receipt of the required security deposit and final payment, final confirmation of the reservation (including the Property’s security code) will be emailed to Guest. Bennington Properties will return the security deposit (or the balance thereof) to Guest within 14 days after the Departure Date.
13. Relocation
If the Property becomes unavailable for Guest’s occupancy due to conditions beyond Bennington’s control, Bennington will make a commercially reasonable effort to arrange a comparable rental property at no additional cost or expense to Guest. If Guest is unsatisfied with the comparable property Bennington has identified or Bennington is unable to locate a comparable rental property, Guest may cancel Guest’s reservation and receive a full refund of any amounts Guest paid for rental of the Property, including any deposits.
14. Noise and Disturbances
Guest will behave in a civilized manner and will be a good neighbor respecting the rights of surrounding property owners and guests. Guest will not disturb, annoy, endanger, and/or interfere with surrounding property owners and/or guests. Events of any kind are not permitted in or at the Property. If excessive noise or disturbances occur resulting in notification by police or neighbors, Guest will vacate the Property and will forfeit the reservation and any monies paid.
15. Pets
15.1 Pet-Free Properties. Subject to applicable Legal Requirements, pets are not permitted in, at, and/or around pet-free properties. If the Property is a pet-free property and a pet (that is not a service animal) is brought in, at, and/or around the Property, Guest will be in breach of this Agreement and Bennington Properties may require Guest to immediately leave the Property (or, if Guest fails to leave, Guest will be removed from the Property) without refund.
15.2 Pet-Friendly Properties. No pets, except dogs are allowed in a “pet-friendly” Property. Subject to applicable Legal Requirements, dogs must be registered with Company prior to arrival. A charge of $30.00 per dog, per night is required, excluding service dogs or miniature horses (as defined by the ADA). Guest will comply with all applicable pet laws, ordinances, regulations, rules, and policies. Guest must clean and properly dispose of all pet waste. Fees will apply for damage done to the Property, excessive pet hair or dirt, or pet waste that is not removed prior to Guest’s departure.
15.3. Service Animals. Service animals protected by the ADA, but not emotional support (ESA), “companion”, or “comfort” animals, are permitted in all Bennington homes (except in rare cases where the homeowner has received an exemption). A service animal is defined by the ADA as a dog or miniature horse that has been individually trained to do work or perform tasks for an individual with a disability. The task(s) performed by the dog or miniature horse must be directly related to the person’s disability. Please let us know when you or a member of your family will be accompanied by a service animal.
16. Smoke-Free Community and Property
No smoking, of any kind, is permitted on, at, or in any part of the Property and is prohibited throughout the Sunriver community. Fees will apply for any evidence of smoking on or around the Property.
17. SMS Messaging
By providing your phone number, you agree to receive text messages from our company. Message and data rates may apply. Message frequency varies.
18. Definitions
For purposes of this Vacation Rental and Confirmation Agreement (this “Agreement”), the term “Property” means the Property andany and all Equipment (as defined below); the term “Legal Regulation(s)” 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, Bikes (as defined below), the hot tub (if applicable), and all mechanical, electrical, gas, and plumbing fixtures and equipment located on or at the Property.
19. Miscellaneous
Each provision contained in this Agreement will be treated as a separate and independent provision. The unenforceability of any one provision will in no way impair the enforceability of any other provision. Any exhibits, schedules, and other attachments referenced in this Agreement are part of this Agreement. This Agreement (which includes the Terms and Conditions) contains the entire agreement and understanding between the parties with respect to the subject matter of this Agreement and contains all of the terms and conditions of the parties’ agreement and supersedes any other oral or written negotiations, discussions, representations, or agreements. This Agreement will be governed by and construed in accordance with the laws of the State of Oregon, and venue for any action concerning this Agreement will lie in Deschutes County, Oregon. 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 every 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 this 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, Bennington Properties may, in addition to any other remedy provided to Bennington Properties under this Agreement, pursue any and all remedies available to Bennington 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. Bennington 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.