Vacation Rental Agreement
DBA: Ozark Mountain Vacation Rentals
Mailing Address: Allplex Property, LLC, 2093 E Van Buren, Eureka Springs, AR 72632
Upon the terms and conditions herein stated, this Vacation Rental Agreement (“Agreement”) is entered into between Ozark Mountain Vacation Rentals (“OMVR”), the owner of the Property (“Owner”), and the Guest reserving the property identified by the online reservation information (“Guest”). The Guest also accepts and agrees to represent the entire party entering the Property. This agreement requires the Guest, as a representative of the party, to fully communicate details of this Agreement to each individual in attendance, and, must confirm acceptance of the Agreement by all who enter the Property, including, but not limited to: family members, traveling companions, additional invitees, and any visitors to the Property. Acceptance by all in attendance is confirmed by the physical entry onto the Property. Those who do not accept this Agreement are not permitted to enter the Property.
- Term: This Agreement is for a Term beginning on the date specified in the online reservation (“Arrival Date”) and ending on the date specified (“Departure Date”). Check-in is 3:00 p.m and Check-out is 11:00 AM.
- Property: The address to this Lodging Rental (“Property”) is identified by the online reservation.
- Payment: Partial or full payment is required at the time of booking. The payment amount and payment schedule will be determined during the online booking process. Entry to the Property will not be allowed unless ALL payments have been made in full.
- Cancellation: (a) If, for any reason, the Guest cancels this Agreement/Reservation MORE than thirty (30) days prior to the Arrival Date, all payments and funds made by the Guest will be refunded less a 10% Cancellation Fee. (b) Reservations that are cancelled within 30 days of the Arrival Date are not refundable for any reason including, but not limited to, Guest’s scheduling issues, inclement weather, high water, or any event that impedes travel. Travel or Vacation Insurance is recommended to be obtained by Guest.
- Occupancy: The number of guests staying at the Property must be communicated correctly to OMVR. Exceeding the number of guests stated on your reservation without notifying OMVR will result in an automatic charge for the maximum occupancy of the Property. If you have exceeded the maximum occupancy allowed at the Property, OMVR will charge $95 per each guest over the maximum occupancy per night. Intentional deception of the occupancy during your stay will result in immediate cancellation of your reservation and cessation of your stay without refund. The maximum number of guests allowed at the Property is identified by the online reservation information.
- Parking Limit: An appropriate amount of parking is available at each property according to the occupancy listed for that property. If you have more vehicles than will fit in the designated parking area, please call and inquire about a suitable area for additional vehicles or trailers.
- Damage: You are responsible for damage, theft, unauthorized entry, and unauthorized pets, except in the case of normal wear and tear. Additional Damage Charges will apply for: any damage, late check-outs without prior authorization, extensive cleaning required at check-out, and/or exceeding occupancy limits. Guest will be notified of any Damage Charges in writing via email. Any Damage Costs will be charged immediately to the Guest’s credit card, or deducted from any security deposit on hand. Guest assumes full responsibility for any items found to be missing, and any damage due to misuse, negligence or action on Guest’s or Guest’s visitor’s part. No charge will be passed to Guest in the case of preexisting damage or normal wear and tear reported to OMVR.
- Smoking: Smoking is strictly forbidden inside the Property structures, including garages and enclosed patios. Smoking is only allowed outside. Evidence of smoking inside the Property will result in immediate eviction and forfeiture of all amounts paid and will result in an additional Cleaning Fee of $150 billed to the Guest as Damage Charges, and will be charged against the credit card on file.
- Noise: All Guests agree to conduct themselves in a respectful manner and to use common sense in keeping noise volume at an appropriate level at all times. Any loud noise or disturbance complaints that are addressed by law enforcement, the property owner, property owners’ association, or an OMVR agent must be immediately remedied to the satisfaction of the officer or individual addressing the complaint. If the disturbance continues, immediate eviction and forfeiture of all amounts paid will result. This agreement will be provided to law enforcement as notice of the lawful ejection from the property.
- Accident Waiver – Release from Liability and Damage: GUEST, FAMILY OF GUEST, ADDITIONAL INVITEES OF GUEST, AND VISITORS OF GUEST, HEREBY ASSUME ALL OF THE RISKS ASSOCIATED WITH THIS PROPERTY, including by way of example and not limitation, any risks that may arise from negligence or carelessness on the part of the persons or entities being released, from dangerous or defective equipment or property owned, maintained, or controlled by them, or because of their possible liability without fault. Furthermore, Guest commits that he/she will obtain affirmation of acceptance of this Accident Waiver and Release from Liability and Damage from all parties entering the Property, including invitees and visitors. Any Guest, additional invitees, or visitors of guests who do not accept this waiver will not be allowed on Property. Guest accepts the responsibility of enforcing this provision. Hence, in consideration of rental of this Property, the Guest hereby takes action for all parties, as follows: (A) FINAL PAYMENT OF THE RENTAL AMOUNT FOR THIS PROPERTY CONFIRMS THAT THE GUEST, AND ALL ASSOCIATED PERSONS, WAIVE, RELEASE, AND DISCHARGE FROM ANY AND ALL LIABILITY; including but not limited to, liability arising from the negligence or fault of OMVR and the Property Owner, for each individuals death, disability, personal injury, property damage, property theft, or detrimental actions of any kind which may occur. (B) INDEMNIFY, HOLD HARMLESS, AND PROMISE NOT TO SUE OMVR and/or the Property Owner from any and all liabilities or claims made as a result of rental of this Property, whether caused by the negligence of release or otherwise. Guest acknowledges that activity on this Property carries with it the potential for injury, and property loss. The risks include, but are not limited to, those caused by terrain, facilities, temperature, weather, equipment, and actions of other people. The Accident Waiver and Release of Liability shall be construed broadly to provide a release and waiver to the maximum extent permissible under applicable law. BY CONFIRMING THIS RESERVATION WITH PAYMENT, I CERTIFY THAT I HAVE READ THIS ACCIDENT WAIVER AND I FULLY UNDERSTAND ITS CONTENT. I AM AWARE THAT THIS IS A RELEASE OF ALL LIABILITY.
- Cause for Eviction: The Guest and all parties with the Guest will be subject to immediate eviction from the Property if the Guest, invitees of Guest, or visitors of Guest violate any terms of this Agreement, including but not limited to, violation of the occupancy limit, unauthorized pets, smoking inside the property, noise ordinance infractions, or exceeding parking limit. In the event of eviction from the Property, the Guest shall forfeit all amounts paid and there will be no refunds.
- Casualty, Destruction, or Change in use: Should the Property be destroyed or rendered uninhabitable by an Act of God (including, but not limited to, tornados, storms, floods or fires), or by environmental disaster, or loss of utilities, or appliance malfunction prior to occupancy by Guest, or due to change in use of Property due to change in ownership or discontinuance of rentals by owner due to life changing events, this Agreement shall become null and void, and all payments made here-under shall be refunded to Guest.
- Attorney’s Fees and Costs: If OMVR employs the services of an attorney to enforce any conditions of this Agreement, to collect any amounts due, to execute the eviction of the Guest and associated persons, or because Guest takes any action to recover deposits not due, Guest shall be liable to OMVR for reasonable attorney’s fees and costs incurred by OMVR and/or Property Owner.
- Short-Term Rental: It is expressly understood and agreed that this is a short-term vacation rental and is not a lease or other long term residential tenancy agreement. This Agreement is only for the use of the Property for the stated Term.
- Falsified Reservations: Any reservation obtained under false pretense will be subject to forfeiture of amounts paid, and such party will not be permitted to check in and/or will be subject to immediate eviction.
- Errors and Omissions: Cancellation or reservation adjustment by OMVR is allowed due to marketing or website errors including, including but not limited to, rate errors, or description errors listed in any media format.
- Succession, Assignment: This Agreement is binding on, and the benefits inure to, the heirs and personal representatives of the parties. However, neither this Agreement nor any rights hereunder may be assigned (in whole or in part) by Guest.
- General Terms: This Agreement is made in, and shall be governed solely by the laws of the State of Arkansas. Venue for enforcement shall be Carroll County, Arkansas. If any section, clause, paragraph or term of this Agreement is held or determined to be void, invalid or unenforceable, for any reason, all other terms, clauses or paragraphs herein shall be severed and remain in force and effect.
- Age: The Guest making the Reservation confirms that he or she is at least 25 years of age and will be held responsible for all other persons, including invitees and visitors of the Guest, for compliance with this Agreement, policies, ordinances, rules and regulations and for any losses incurred by OMVR or the Property Owner due to negligence or vandalism. Proof of age may be requested upon arrival, therefore, the Guest must have a State I.D., or Passport to present at the time of arrival.
Thank you. Enjoy your stay!