Olde Stoney

Olde Stoney Vacation Rental Agreement

IMPORTANT NOTICE: PLEASE READ CAREFULLY BEFORE YOU COMPLETE YOUR RESERVATION

THIS IS AN ELECTRONIC LEGAL AGREEMENT BETWEEN YOU AND OLDE STONEY PROPERTIES, I (THE “OWNER”) AND IT BECOMES BINDING ON YOU AND THE OWNER WHEN YOU ACCEPT THE TERMS CONTAINED HEREIN BY CLICKING ON THE “I AGREE” BUTTON AND COMPLETING YOUR RESERVATION.  YOU MUST READ ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT.  BY CLICKING ON THE “I AGREE” BUTTON AND COMPLETING YOUR RESERVATION, YOU ACKNOWLEDGE YOUR ACCEPTANCE TO THESE TERMS AND CONDITIONS.

Terms and Conditions:

In consideration of the rent received and the mutual promises contained herein, Owner of the Rental Property does hereby license to you the premises located at 1030 Olde Stoney Trail, Huddleston, Virginia 24104 (the  “Rental Property”) for the one week period of time identified on your reservation under the following terms and conditions:

1. CANCELLATION:  In the event you wish to terminate this agreement, Administration fees are non refundable and 25% of the base rental amount shall be forfeited if the cancellation is made more than 30 days in advance of the arrival date. If cancellation is within 30 days of the arrival date, 100% of the total rental amount shall be forfeited. (This includes cancellation of additional fees such as linen fees).   Rates are subject to change without notice. All balance payments will be charged if canceling during the 30 day non-refundable time span. We always suggest that you purchase travel insurance.

2. AGREEMENT OF RULES:  You agree to abide by all rules and regulations contained in this Agreement and any imposed by the Owner related to rental of the Rental Property. Your obligation include but are not limited to keeping the premises as Rental Property 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 you use. You agree not to use the premises for any commercial activities or purpose that violates any criminal law or governmental regulation. Your 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.

3. BALANCE PAYMENTS: Any remaining balance must be received by the due date indicated on your Reservation Confirmation.  IMPORTANT: Any Balance Due, including all other charges, is due 30 days prior to your arrival date. No checks will be accepted at time of check-in for rent, security deposits, or other fees of any kind.  Reservations made within 30 days of the arrival date must be paid in full via cash, credit card, certified check, or money order. Payment must be in U.S. Funds. Owner accepts MasterCard, Visa, and Discover. Any and all advanced sums will be deposited by the Owner in a non-interest bearing account at Bank of America, Reston, Virginia. It is understood and agreed that any and all accrued interest on said sums, if any, shall inure to the benefit of Owner.

4. OCCUPANCY: In no event shall more persons than the capacity of the property as stated on the web site or the confirmation letter, without prior approval by Owner, occupy the Rental Property. Additional guests not previously approved will incur a $100 per person, per night additional charge.  No fraternities, school, civic, house/keg parties or other non-family groups are allowed unless Owner grants prior approval.  In no event shall You 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. You hereby acknowledge and grant specific permission to Owners to enter premises at any time for inspection purposes should Owners reasonably believe that you are causing or have caused any damage to Rental Property. You further agree to grant Owners access to Rental Property for purposes of maintenance and repair.  If listed For Sale, You agree to grant access by scheduled appointment upon notification.

5. PETS: If the rental property permits dogs, guests must inform the Owner of their intention to bring a dog(s) and obtain Owner’s prior written approval. You are responsible for cleaning the area around Rental Property of all pet excretions. You agree to pay a non-refundable Pet Fee, per pet, per night (subject to change without notice). Any material damage by pet to the Rental Property will be the responsibility of You and shall be paid immediately upon written notification by Owner. Any undeclared dog(s) found in or about a NO PET property is grounds for expedited eviction and forfeiture of all monies paid and a non-declared pet charge of $25.00 per pet, per night or any portion thereof at Owner’s sole option will automatically be charged to the credit card on file. Any soiled areas/excessive pet hair in the rental property will require an additional $100.00 pet cleaning fee and will be automatically charged to the credit card used for the reservation.   

6. DAMAGES: You shall be responsible for, and agree to pay for damage, defacement, or removal of property inside or outside the Premises that is in Your control and will be charged to the card on file.  Unless the damage, defacement, or removal is due to ordinary wear and tear, or natural forces.  All breakage and property damage during Your occupancy is required to be reported to Owner by You.

7. INOPERABLE APPLIANCES: No refunds will be provided due to inoperable appliances, gaming equipment, etc. Although Owner will make every reasonable effort to assure that such appliances will be and remain in good working order equipment will break down without notice and is out of our control. Also, no refunds will be given due to power blackouts, water shortage, road conditions, flooding, snow, construction at adjacent properties, or mandatory evacuations of the area by Bedford County officials due to dangerous situations arising from acts of god or nature. Please report any non-functioning appliances as soon as possible.

8. LEFT ITEMS: A $20.00 fee, plus shipping cost, applies to any Lost and Found items that Owner is requested to return to You.  Items found and not claimed within 30 days will be disposed of at the discretion of Owner.

9. NON REFUNDABLE FEES: You acknowledge that a non-refundable Administration/Processing Fee will be payable to Owner for all services involved with procuring this rental for You. This charge has been included on the front side of this Agreement and is payable with the initial payment. You also acknowledge that Travel Protection Insurance has been offered and if accepted, the non-refundable premium is due with initial payment. You is not entitled to any claim against Owner arising out of Your inability to complete your vacation plans for any reason outside of the control of Owner.

10. LINENS/TOWELS: You are responsible for lost or damaged items at the cost of two (2) times the published standard rental price for damaged/lost linens/towels. Linens must be used at all times.

11. LIABILITY:  You agree to indemnify Owner, its officers, employees, agents, and managers from and against liability for injury/illness to You 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 any tangible property located on the premises, including without limitation, any water sporting equipment such as the canoe and kayak.  You expressly acknowledge that in no event shall Owner be held liable for any special or consequential damages, which result from this agreement.

12. BREACH OF TERMS: Owner may terminate this Agreement upon the breach of any of the terms hereof by You. You shall not be entitled to the return of any rental monies paid under the terms of this Agreement and shall vacate the Property immediately.

13. OUTDOOR SAFETY: I understand the rules and rental conditions upon which I am agreeing to rent accommodations, equipment, and use of the property, canoe, kayaks, tubes, and land.  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, insects, and plant life can threaten and infect or injure. Exposure to the elements can cause hypothermia, sunburn, among other risks inherent in participating in camping/outdoor/water activities. I know that alcohol and/or drugs do not mix safely with any outdoor activity. Owner is not responsible for low water conditions of rivers/lakes/fishing ponds due to drought conditions. During summer months water sources may grow a greenish algae bloom that is not harmful to aquatic/human life forms.

14. ERRORS AND OMISSIONS: We have put forth every effort to insure that the information on www.oldestoney.com is accurate. However, we cannot be held responsible for errors or omissions on our web pages (or brochure), bed arrangements and equipment, or changes in prices. All properties are privately owned, and changes may have been made to some of the properties or their contents subsequent to the publishing of this web page. Tenants understand that the functionality of amenities managed by homeowners associations is out of the control of the Owner. Rates subject to change without notice.

15. NEW CONSTRUCTION: New construction may be taking place near rental properties. We cannot be responsible for homes that may be under construction next to or near the home you rent. New construction may also alter the views from homes. Please realize that this is a matter beyond our control. Refunds or substitutions cannot be made.

16. ISSUES: If upon check in or during your stay you experience any maintenance or housekeeping issues, please call Owner of the property as soon as possible so that we/they may have the opportunity to correct any issues. We cannot properly address issues if you wait to report them after you have checked out. We do not consider refunds based on complaints/issues that are not reported upon check in or early during the stay. Check-in and checkout instructions are provided on your confirmation letter.  Please follow all checkout instructions or you will be assessed an extra $100.00 cleaning fee that will be charged automatically to the credit card on file. Homes with private wells occasionally experience low pressure, salty, distasteful or discolored water. There may be an unpleasant odor of sulfur. You may choose to use bottled water for drinking purposes even though the water is safe for drinking, cooking or bathing.

17. SPECIAL USE of PROPERTY: The use of the Premises is restricted to use by you and your family, unless both parties agree in writing to occupancy by a non-family group or for a special event. A Special Event is defined as any limited gathering, both in time and scope, of individuals greater than the legal occupancy for an intended purpose such as a wedding, family reunion, birthday celebration, etc. Owner considers you hosting a special event without its prior written consent or knowledge a material breach of this Agreement. You should contact Owner directly for more information.

18. GRAVEL ROADS: Roads leading to the Rental Property are dirt and gravel and mountainous and are bumpy.  The Owner is not responsible for conditions of road.

19. CAMPFIRES: Cannot be used when there is a burn ban issued by the county of Bedford or the State of Virginia. Also do not light fires during high winds. No refunds are offered for these reasons for loss of this amenity. Do not throw trash and glass into fire pit area. You will be charged $100.00 to clean this area. You are not allowed to cut down any trees. If trees are damaged in any way, you will automatically be charged $100 per tree and the fee will automatically be charged to the credit card on file.

20. FIREPLACES: The gas fireplace is seasonal and are operational from October through April of each year or as stated on the owners listing. No items, at all, may be burned in fireplace.  You agree to pay not less than $100 or more if applicable, if any other item is burned in fireplace. You further agree that no fire in any type fireplace or fire-pit will be left unattended.

21. PROPANE GRILLS:  You agree that charcoal will not be put in the grill, if charcoal is found to be present inside the grill you agree to pay for cost of grill replacement and the replacement cost will automatically be charged to the card on file.

22. CONDUCT: Occupancy and use of premises shall not be such as to place the property in danger of damage or to disturb or offend neighbors.  No; parties/kegs, excessive speeding through neighborhoods, riding of ATVs or Off Road Motorcycles/Dirt Bikes, excessive noise and/or obnoxious behavior, discharging of Firearms, or Fireworks, etc. The Owner has the prerogative to terminate this Agreement / and to demand that disruptive guests vacate the premises, thereby forfeiting all rental fees to Owner. No illegal drugs/use or criminal activity is permitted at rental property.

23. PAYMENT METHODS: We accept all major credit cards and personal check. We cannot accept personal checks within 30 days of arrival. There is a $25.00 return check fee on all returned checks.

 

I am over the age of 18 (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, operation or possession of all equipment, hired, loaned or used by me or anyone in my group. Acknowledging this, I accept complete responsibility for the minor children/guest and myself in my charge and when renting any Rental Property/equipment and engage in activities or events at my own risk. Any reservations made under false pretenses will result in loss of advance payments and possible removal of guest from rental unit.

I will abide by the rules and accept these rental conditions:

1. 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 occur during my rental period. You will incur an additional $100.00 cleaning fee for not leaving the Rental Property in the same condition as you have found it upon arrival. Checkout instructions are included on the customer confirmation letter. The renter also agrees to incur an additional fee of $100.00 for moving of any furniture at the property and will be charged to the credit card used to complete the reservation. Any additional cleaning fees will automatically be charged to the credit card on file.

2. I agree to hold harmless and to indemnify the Owner against all loss, damage, expense and penalty on account of personal injury or property damage to the Rental Property or any persons occupying or visiting the Rental Property, or to any minor child or children in the charge of the undersigned, how so ever rising, whether by act or acts or failure to act of the Owner or its representatives.

3. I acknowledge receipt of the property in good order and condition (if found otherwise per my arrival I will contact the Owner and further agree that the owners of the 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.

4. I enter into agreement freely with the property owners at my own risk, acknowledging the risks inherent in outdoor and lake activities and assume any and all responsibility for the minor children and myself in my charge.

5. All parties agree to and will comply with Federal, State and County pollution laws and any other applicable laws and regulations. Absolutely no hunting or discharge of firearms, discharge of bows and arrows or crossbows, discharge of air rifles or BB guns/Paint Guns, discharge of weapons of any sort. No fireworks allowed on the property.

THIS AGREEMENT WILL BE GOVERNED BY AND INTERPRETED IN ACCORDANCE WITH THE LAWS OF THE COMMONWEALTH OF VIRGINIA, WITHOUT REGARD TO CONFLICTS OF LAW PRINCIPLES THEREOF.  FOR PURPOSES OF ALL CLAIMS BROUGHT UNDER THIS AGREEMENT, EACH OF THE PARTIES HEREBY IRREVOCABLY SUBMITS TO THE EXCLUSIVE JURISDICTION OF THE STATE COURTS LOCATED IN BEDFORD COUNTY, VIRGINIA AND/OR THE UNITED STATES DISTRICT COURT OF THE WESTERN DISTRICT OF VIRGINIA (ROANOKE DIVISION).  To that end, each party irrevocably consents to the exclusive jurisdiction of, and venue in, such court(s), and waives any, (i) objection it may have to any proceedings brought in any such court, (ii) claim that the proceedings have been brought in an inconvenient forum, and (iii) right to object (with respect to such proceedings) that such court does not have jurisdiction over such party.  Without limiting the generality of the foregoing, the Customer consents to the service of process in connection with any such claim or dispute by the mailing thereof by registered or certified mail, postage prepaid to the Customer, at the address for notice set forth in, or designated pursuant to, this Agreement.  To the fullest extent permitted by law, each party hereby expressly waives (on behalf of itself and on behalf of any person or entity claiming through such party) any right to a trial by jury in any action, suit, proceeding, or counterclaim of any kind arising out of or in any manner connected with this Agreement or the subject matter hereof.  In the event of a dispute, legal action may only be instituted in Bedford County Virginia.

Any amendments must be in writing and signed by both parties. 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.