This Rental Agreement (“Agreement”) between Ayala Properties LLC. (DBA Acme Suites Vacation Rentals and Corporate Housing) (“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, conditions, and policies in this Agreement.
The description of the Property set forth on our website or any portal you used to book your stay, including with limitation, the parking limitations and maximum occupancy information (the “Property Description”) are part of this Agreement and are incorporated herein by this reference.
1. 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.
2. Minimum Age. You must be at least 21 years of age to rent the Property. You agree to provide us with proof of age upon request. A parent or legal guardian must accompany all guests under 21 years of age for the entire duration of the rental.
3. Good Neighbor Policy. The Property is a privately owned home, and 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 checkout. You and other Occupants agree to conduct yourselves throughout your stay in a manner that is respectful of and not disruptive to neighbors, traffic flow, or the community and that will not prompt complaints to Ayala Properties LLC. (DBA Acme Suites Vacation Rentals and Corporate Housing) from police, neighbors, or neighborhood or homeowner association. Noise audible outside the Property is prohibited between 8 p.m. and 8 a.m. You and other Occupants agree to abide by all applicable parking restrictions and limitations.
4. Maximum Occupancy. The property shall not be used at any time by more than the amount of adults and children as per your reservation confirmation.
5. No Smoking. No smoking is permitted at the Property (including porches, decks or outdoor areas) at any time.
6. Pets. No pets of any kind are permitted at the Property except (1) if your home is pet friendly and your reservation contains a pet fee, or (2) the pet is a bona fide service animal.
7. 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.) No tents or other structures may be erected on the property without our express written permission.
8. 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 but not limited to 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.
9. Consequences of Breach. Any failure by you or any other Occupants to comply with any of the policies above 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 bill your credit card on file for the full amount of, (1) any damage or loss that occurs at the Property during your stay; (2) a charge of up to $750 for violations of the pet policy, including bringing more pets or different types of pets than specifically authorized; (3) an additional cleaning fee of up to $500 for violations of any of the guest policies above (other than the pet policy) or for excessive cleaning required by the acts or omissions of any Occupant during your stay; and (4) 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 for 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.
Additional Policies and Conditions
10. Cancellation Policy & No Shows. Rental payments are fully refundable (less the amount of the Ayala Properties LLC. (DBA Acme Suites Vacation Rentals and Corporate Housing) reservation fee, which is nonrefundable) for cancellations received 30 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.
11. Payment of Reservation. A 100% down payment is collected at the time of reservation for all vacation rentals.
12. Early Check-In/Late Checkout. Check-in time is 12:00 p.m. Check-out time is 11:00 a.m. We offer a limited number of our guests the opportunity to secure an early arrival on a first come, first serviced basis for a nominal charge. If interested, please contact our office on the day of your arrival to inquire on pricing and availability of an early check-in.
Late checkouts are not allowed. If you do not vacate by checkout time (11:00 a.m) you authorize us to bill your credit card on file for a late departure fee of up to one night’s rental, with a minimum charge of $50. We may remove all Occupants and their personal property from the Property.
13. Lost and Found. Ayala Properties LLC. (DBA Acme Suites Vacation Rentals and Corporate Housing) is not responsible for any lost, stolen, or damaged personal items. If you believe you have left an item in or around the Property, Ayala Properties LLC. (DBA Acme Suites Vacation Rentals and Corporate Housing) will charge $25.00 to inspect the property for the missing item. If the item is located, Ayala Properties LLC. (DBA Acme Suites Vacation Rentals and Corporate Housing) will charge the cost of shipping to return the item to the address of the Occupants choosing.
14. Choice of Law and Venue for Disputes. This Agreement shall be governed by and interpreted in accordance with the laws of the State of Oregon, and shall be treated as though it were executed in Jackson County. Any action shall be instituted and prosecuted only in Jackson County, Oregon. A breach of any of the above policies and terms may result in a forfeiture of your rights regarding this rental property, including eviction from the premises without refund.
15. Limitation of Liability. TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO CASE SHALL Ayala Properties LLC. (DBA Acme Suites Vacation Rentals and Corporate Housing), NOR ITS AFFILIATES, 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 THE 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 Ayala Properties LLC. (DBA Acme Suites Vacation Rentals and Corporate Housing) 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.
16. Indemnity. You agree to hold harmless and indemnify Ayala Properties LLC. (DBA Acme Suites Vacation Rentals and Corporate Housing) for all claims for property damage, personal injury, or monetary loss resulting from your actions or omissions, and the actions or omissions of other Occupants, during your stay.
17. 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, Ayala Properties LLC. (DBA Acme Suites Vacation Rentals and Corporate Housing) reserves the right to substitute a comparable property. If comparable accommodations are not available, you will have the option of (1) selecting from other 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 Policies in this Agreement shall apply to your stay in the substituted property.
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