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PLEASE
BE ADVISED THAT VACATIONS MADE SIMPLE IS NOT A PARTY TO ANY RENTAL
TRANSACTION. We
do not own nor can we contract for any vacation rental property. Simply Like
Home/ Vacations Made Simple, VacationsMadeSimple, VMS or SimplyLikeHome
hereunto referred to as Vacations Made Simple. Vacations Made Simple acts as
a venue to allow a member of Vacations Made Simple (each, a “ member ”)
to offer for rent, or rent, in a variety of pricing formats, a specific
vacation rental property to potential renters (each, a “ traveler ”
and, collectively with a member, the “ users ”). We
are not involved in the actual transaction between travelers and members even
though we may from time to time provide tools, such as direct booking, that
enable a traveler to enter into a transaction to lease a specific property
directly from the member of that property. At no time does Vacations Made
Simple provide any physical presence at the owner’s property. Our
relationship is that of independent contractor, and no agency, partnership,
joint venture, employee-employer or franchiser-franchisee relations is
intended or created by these Terms or your use of the Vacations Made Simple
Site.
VacationsMadeSimple and its Affiliates make reasonable efforts
to ensure that Web site data is correct; however, properties, products,
services, and information published on this Web sites may include
inaccuracies or typographical errors. VacationsMadeSimple and its Affiliates
do not guarantee the accuracy of, and disclaim liability for inaccuracies
relating to the pricing and description of the vacation rental properties, car, and other
travel products displayed on this Web site (including, without limitation,
photographs, property descriptions, amenities, pricing, etc.). Changes and
improvements to descriptions and pricing may be made at any time and without
notice.
Indemnification: Lessee agrees to release and indemnify Vacations Made Simple
and Owner from and against all liability should anyone be injured upon the
premises during the term of occupancy, resulting from any cause whatsoever.
The only exception is the Owner may be held liable in the case of personal
injury caused by willful gross negligence on the part of the Owner.
Owner changes: Every effort is made to ensure all information
on our website is accurate and complete. Owner is not liable for
typographical errors, omissions, price changes and any other changes by the
Owner in furnishings, equipment, bed arrangements, and other accommodations.
Add-on products are based on current availability and pricing,
and cannot be guaranteed until product has been reserved and authorization
has been sent to you by e-mail, phone or fax and has been received and your
credit card has been charged.
Cancellation
Policy: A ninety (90) day notice is required for cancellation. Cancellations that are made more than ninety (90) days prior to the arrival date will incur $100 booking fee. A booking fee applies once payment has been initiated and calendar dates have been reserved for you. Cancellations or changes that result in a shortened stay, that are made within ninety (90) days of the arrival date, forfeit the full advance payment. Cancellation or early departure does not warrant any refund, unless cottage can be rented for those dates.
We recommend travel insurance to help absorb your costs in case something occurs where you need to cancel the reservation. Travel insurance is only offered up until the final payment is paid.
You must sign the agreement that is Emailed to you. Upon receipt we will then approve your reservation to receive Email information for check in procedures and key information.
All cancellations must be done by fax, e-mail to info@VacationsMadeSimple.com or
official letter. Cancellations for any reason received from time of booking
up to 91 days prior to arrival forfeit 50% of the total. Cancellations for
any reason received 90 days or less prior to arrival forfeit the full amount
paid.
Lease
Terms: Agreement
with Vacations Made Simple is made on behalf of the owner and is for short
term rental lease only. The agreement does not create a tenancy or
residence. Failure to leave the premises at the end of the Rental Period
licensee shall be required to pay to the owners a penalty of US $850 per day
or each day or portion of a day for which Licensee occupies the premises
beyond the agreed upon end of the term of the rental period.
11:00
PM - 8:00 AM is quiet time for each property unless otherwise specified.
Please respect the desire of our full time residents and other guests in
honoring quiet time. Vacations
Made Simple and its Owners will not rent to persons under 24 years of age
without accompaniment of a parent or guardian.
Pets
are not allowed in any properties unless specified in writing. All pet fees
are per pet. Maximum of two pets per property, 20 lb each maximum, big
or small. In all cases - ANIMALS BESIDES DOGS ARE STRICTLY PROHIBITED.
Should we discover a pet has been/is in the home without prior approval, you
will be charged a fee for pest control, a deep clean, usually resulting in
the loss of the security deposit of $500. If you miss picking up after your
pet, a $25 fee per incident is charged. AT NO TIME MAY PETS BE LEFT
UNATTENDED in a home or on the grounds of one of the homes.
All
properties are non-smoking unless otherwise noted. There are no refunds for
late arrivals and/or early departures. A major credit card is typically
required upon check-in to cover incidental charges. VacationsMadeSimple
reserves the right to supply client’s credit card information to unit
supplier if a credit card is not given upon check-in.
CHECK
IN TIME: Check in normally begins NO EARLIER than 5:00 PM on the arrival
date. Most Owners elect to provide an electronic entrance code instead of
meeting you at the property. Each property is unique and directions will be
sent to you by Email regarding your specific unit.
CHECK
OUT TIME: Check out is no later than 10:00 AM on the departure date unless
other arrangements in writing have been made. Be sure all doors and windows
are locked and you left the keys as instructed, if issued and other
controllers on the kitchen counter. The charge for a lost key/garage
door opener is the cost to re-key the home and reprogram the opener, and this
can range from $150 to $300 per door/opener. Lessee is responsible for all
items outlined in the Departure Instructions. Failure to leave on time will
result in a holdover rent in the amount of $850 per day for each and every
day or any portion thereof that Lessee maintains possession of the subject
premises beyond the scheduled departure date, until such time that Lease
vacates or is lawfully evicted from unit.
Notification: Upon receiving your security deposit or CSA security insurance
confirmation, copy of drivers license and signed and dated copy of
rental agreement, a rental confirmation will be emailed to you. Once full
payment has been received we will E-mail you a directions and key code
information.
OCCUPANCY: The maximum number of occupants allowed to reside in the unit is stated on
the web site. Children, including babies of all ages are counted.
OVERCROWDING OR MISREPRESENTATION IS GROUNDS FOR IMMEDIATE EVICTION WITHOUT
REFUND. No motor homes, trailers, campers or boats of any kind are
allowed without prior approval from Vacations Made Simple. Occupancy for each
home is strictly enforced and fines will be assessed for exceeding the number
of allowed guests.
Guests
shall follow all rules of each Association or Homeowners Rules are posted in
each unit and poolside.
LOCKOUTS: If a guest becomes locked out and service is required, a fee will be
assessed. Lost keys or keys not returned in will result in locks having to be
changed and the guest charged. Fees are based on rates charged locally.
Owners
work hard to make sure the property is in working order. Any necessary
repairs will be handled as quickly as possible. Working condition of pools,
hot tubs, air conditioners, televisions, VCR's, DVD players, appliances,
elevators, etc. are NOT guaranteed. No refunds or rate adjustments will be
made for mechanical failures.
Starter
paper products are included with each rental; limit of 1 starter paper towel
and 2 single toilet rolls per bath, one set of linens and one bath towel and
wash cloth per guest.
Linens
are made available by placing washed linens on each bed. Lessee will need to
make their own beds upon arrival, except the following: trundles, futons,
sofa sleepers. These linens will be located elsewhere in the unit. Refer to
unit information for specifics.
Please
leave the home in the same general condition as it was when you
arrived. All food and drink spills should be cleaned up as they
occur. Food and drink spills on carpet are considered to be damage, not
normal wear and tear. Refrigerator should be emptied of all food and
free of spills. All used dishes should be washed and put away. Additional
housekeeping charges may also be applied in the occurrence of exceeding the
maximum occupancy of the cottage. Do not make beds, please strip linens
and place in front of washer/dryer. All other linens are to be laundered.
Leave thermostat set at: 78 summers / 68 winters. Lock all doors
and windows and place key as directed per property.
Cleaning inspection service
includes light cleaning at the end of your stay including washing all linens
and towels, vacuuming and moping all floors. NO DAILY MAID
SERVICE: Daily maid service is not included in the rental rate. If home is
left in disarray and needs more than 3 hours the additional fee will be
charged as incidental charge on credit card on file. Inspection of home by
Licensee at beginning of stay is advised and notification to Owner of any
item(s) that is not satisfactory is required by 9am of day two. Owner will
attempt to correct any problems as quickly as possible. You agree to keep the
premises as clean and safe as the conditions of the premises permit and cause
no unsafe or unsanitary conditions. Do not deliberately or negligently
destroy, deface, damage, or remove any part of the premises or render
inoperable the smoke detector provided. Beach towels are not provided. Washer
and dryer if available in the home is for your convenience, no credit will be
issued if machine is not operating during your stay. Laundry soap is not
included in the rent. Be sure to provide the type of soap recommended for the
machine in your unit.
If
a gas grill is provided with your unit, propane is your responsibility. You
are expected to thoroughly clean the grill after each use. Be kind to the
next user and leave at least a half a tank of gas in the tank. Report any
problems to the owner as soon as possible.
RATE CHANGES: Rates subject to
change without notice.
FALSIFIED RESERVATIONS: Any
reservation obtained under false pretense will be subject to forfeiture of
advance payment, deposit, and/or rental money. And the party will not be
permitted to check-in.
NO GROUPS OR PARTIES: Loud or unruly behavior will not be tolerated. Properties are located in
residential areas and will not be used for weddings, receptions, parties, or
any other gatherings or group functions without express permission to do so.
Use of the premises by Fraternities, Sororities or Unrelated Groups under 24
years of age is Strictly Prohibited. You agree not to use the premises for
any activity or purpose that violates any criminal law or governmental
regulation.
SEPTIC SYSTEM: So
not throw away personal items, diapers or other non biodegradable items in
the septic system. If septic clogs and a plumber finds blockage is due to
items flushed that do not belong then you will be accessed the bill. More
importantly you would have the inconvenience of being without a toilet for a
period of time while it is being prepared.
NEIGHBORS: We insist that you
respect the neighbor’s property and their privacy. There should be no reason
to be on their property at any time. Please be respectful and remember any
loud or unruly behavior will not be tolerated and you may be asked to leave
with no notice if you are disturbing the area.
PARKING: Parking
is limited to a set number per home with a maximum of three cars for most
homes. Some homes are restricted to two parking spaces. Any
vehicles parking in or blocking a fire lane will be towed. No motor
homes, trailers, campers, or boats of ANY KIND are allowed Without prior
approval.
SUBLETTING shall not be
permitted and any such subletting shall be void.
Owner and Vacations Made
Simple will not be liable for circumstances beyond its control, including but
not limited to appliances failure, or other mechanical failure, unfavorable
weather, disruption of utility services including cable television, excessive
noise from other tenants or neighbors, etc. The Owners shall have the right
to cancel the Rental Agreement in the event of either substantial damage to
the Premises by a prior Licensee, or if a prior Licensee fails to leave the
premises in a timely fashion as agreed or if double booking occurred or
mechanical malfunction preventing occupancy occurs. There will be no
relocation, rental rate pro-ration or refund in the event of such
circumstance. In the event Owner is unable to deliver said property under the
agreement because of property sale, property fire, mandatory evacuation , eminent
domain, faulty maintenance or act of nature or if the property is unavailable
because of construction delays or because of lack of utilities or other
explanation, Lessee agrees that Owner's sole liability, as a result of any of
these conditions, damages, liability or inconvenience arising out of the
situation will be full refund of all payments tendered by Lessee received
under this rental agreement.
INCLEMENT
WEATHER: Refunds will not be made for inclement weather. *In the event of
mandatory evacuation by civil authorities, the unused portion of the period
will be refunded.
ELECTRICAL OUTAGE/DAMAGE: No
refunds will be given for any electrical outage or damage. Notify the owners
as soon as possible as to the damage or the outage so repairs can be made as
quickly as possible.
ACCESS TO PROPERTY: Licensee
agrees to allow access to the property by owner, utility personnel,
technicians, plumber, and other individuals that need access to repair,
maintain, inspect property, as determined by Owner. Owner will notify
Licensee of this access and if possible will give 24 hour notice. Neither
Vacations Made Simple nor Owner shall be liable to you in damages and no
refunds will be given for such temporary failure.
ACTS OF GOD/ CONSTRUCTION
NOISE: Neither Vacations Made Simple nor Owner shall be liable for events
beyond their control which may interfere with your scheduled occupancy
including but not limited to Acts of God, and of governmental agencies, fire,
strikes, terrorism, war, inclement weather, including flooding and
construction noise from nearby sites. Nor rebate or refund will be offered in
these circumstances.
TRANSFER: In the event that
the ownership of the premises is voluntarily transferred prior to your
occupancy, you have the right to enforce this agreement against the new owner
of the premises if your occupancy under this agreement is to end 90 days or
less after the transfer of ownership is recorded If your occupancy is to end
more than 90 days after such recordation, you have no right to enforce the
terms of this agreement unless the new owner agrees in writing to honor this
agreement. If the new owner does not honor this agreement, you are entitled
to a refund of all advance rent paid (and other fees owed to third parties
not already lawfully disbursed).
EXPEDITED EVICTION: A material
breach of this agreement by you, which in the sole determination of the
Owner, results in damage to the premises, personal injury to you or others, a
breach of the peace, a nuisance to others, or a violation of criminal law or
local code, shall be grounds for termination of your license. If the license
created hereunder is for 30 days or less, the expedited eviction procedures
will apply. You may be evicted under such procedures if you: (i) hold over in
possession after your license has expired (ii) commit a material breach of
any provision of this agreement that according to its terms would result in
the termination of your license; (iii) fail to pay rent as required by this
agreement, or (iv) have obtained possession of the premises by fraud or
misrepresentation.
GARBAGE – IMPORTANT: Place all
garbage in garbage bags (1 kitchen size garbage bag per day is provided).
Directions will be posted inside the cottage as well as delivered to you by
Email and included with the directions to the home. All debris, rubbish and
discards are required to be placed in a garbage bag and taken to the location
described to you. Do not leave trash outside of a bin as animals will create
a mess. You must follow the instructions regarding garbage. Picking up
of garbage mess is not included in your cleaning fee. Use common sense when
leaving your garbage behind.
PHONE: If phone is available
in unit all directly dialed long distance calls, directory assistance calls
and incoming collect calls are prohibited. All charges will be deducted from
the credit card on file.
AMENITIES: The following is
included in each vacation rental: Silverware, dishes/Cookware,
Toaster/Microwave, Coffee Maker, Kitchen Utensils, Bath Towels, Bed Linens,
Blankets, Pillows, trash bag (one per day). Some homes have TV's, DVD's,
Washer/Dryer, CD Stereos, Flashlights, radios, clocks, games, movies, Iron
and Board. Many more great amenities.
SECURITY DEPOSIT: Lessee
agrees to be responsible for any and all damages to unit, its contents and
grounds during the lease period. If there are problems with the unit as a
result of Lessee actions or inaction's, a full accounting will be made to
Lessee and an amount necessary to cover the problems will be deducted from
the credit card on file. If Lessee opted for CSA travel Security Insurance,
no security deposit is required. CSA will cover up to $3,000 of damage only.
Anything beyond their coverage will be the Lessee's responsibility.
Indemnification
and Hold Harmless: You agree to indemnify and save harmless, the Owner and
Vacations Made Simple for any liabilities, theft, damage, cost or expenses
whatsoever arising from or related to any claim or litigation which may arise
out of or in connection with your use and occupancy of the premises including
all rentals of boats, jet skis, bikes or other rental including but not
limited to any claim or liability for personal injury or damage or theft of
property which is made, incurred or sustained by you. Neither Vacations Made
Simple nor Owner is providing any other warranty of any kind, except as
otherwise expressly excluded. The terms “Vacations Made Simple:” and “Owner”
as used in this agreement shall include their heirs, successors in interest,
assigns, employees, agents and representatives where the context requires or
permits. The terms “licensee”, “you” and “Your” as used in this agreement
shall include licensee licensee’s heirs, successors, assigns, guests,
invitees, representatives and other persons on the premises during your
occupancy (without regard to whether such persons have authority under this
agreement to be upon the premises), during your occupancy (“without regard to
whether such persons have authority under this agreement to be upon the
premises), where the context requires or permits.
MEDIATION AGREEMENT: If a
dispute arises out of or relates to this agreement or its breach, and if the
dispute cannot be settled through negotiation, the Parties agree first to try
in good faith to settle the dispute by mediation under the Mediation Rules of
the American Arbitration Association before resorting to some other dispute
resolution procedure. Vacations Made Simple has right to choose small claims
court over mediation to settle dispute. Mediation or small claims court will
take place in County and State of rental property or in Owners primary
residence as determined by the Owner or Vacations Made Simple. Licensee will
be responsible for any and all bank charges, credit card fees, association
violations and all other fees charged to Owner due to Licensee neglect or
carelessness.
Licensee agrees to have read
and abide by Owner's terms of service, privacy statement as stated on
property web site.
WRITTEN EXCEPTIONS: Any
exceptions to the above mentioned policies must be approved in writing in
advance.
Payment for rentals must be
made in U.S. Dollars paid either by a check drawn on a U.S. bank.
This agreement, together with
the attachments referenced herein and attached hereto, constitutes the entire
agreement between the parties relating to the subject matter hereof, and
supersedes all prior written oral negotiations, representations, or
agreements. No modification of this agreement shall be binding on either
party unless it is in writing signed by all parties. Each section, subsection
or paragraph of this agreement shall be deemed severable and if for any
reason any portion of this agreement is unenforceable, invalid or contrary to
any existing or future law, such unenforceability or invalidity shall not
affect the applicability or validity of any other portion of this agreement.
For all purposes hereunder,
facsimile or electronic signatures shall be deemed to be originals and such
signatures shall be given the same effect as would an original signature.
Agreement bears witness to the fact that I/we have read and agree to check
in/checkout policy as stated and damage section of this agreement. Your
breach or your party’s breach of any rules shall be considered material, and
shall result in the termination of your stay with no refund of rent.
We will send key information
and directions in a separate email. Please contact the Owner if there is any
difficult with entering the property or any other problems. Contact
information will be provided in final email.
Damage
Policy: Any damages that may be claimed by Customer against
VacationsMadeSimple for alleged breach of this Agreement shall be limited to
the total amount of monies paid and shall specifically exclude any indirect,
special, consequential or punitive damages. Each party to this Agreement
consents and submits to personal jurisdiction over the party by, and venue
in, the courts of the State of Michigan in and for Clinton County, Dewitt,
MI, regarding any legal action arising from, or otherwise related to, this
Agreement. Any dispute arising between you and Vacations Made Simple shall be
brought exclusively in the state courts located in Dewitt [Clinton]
County, Michigan.
Vacations
Made Simple is
an agent for the owner, not an owner nor a tenant. As agent, Vacations
Made Simple has the authority to act in the best interest of the
home owners in any and all situations. Each home is privately owned,
including furnishings. Rules and regulations are on record with the owner and
with Vacations Made Simple. They are posted in the home. Please adhere to
them at all times.
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