VACATION RENTAL AGREEMENT
This Vacation Rental Agreement (“Agreement”) is for rental of the vacation rental property specified in a confirmed reservation (the “Property”). This Agreement is between: (1) Bramwell Adventures LLC (“we,” or “us” or “our”), acting for itself and the person who is the responsible renter of the Property (collectively “Renter” or “you”).
By booking your rental of the Property with Bramwell Adventures LLC, you acknowledge that you have read and understand, and agree to be bound by, all terms, conditions, and policies in this Agreement (collectively, the “Terms”).
Channel Terms: If you are booking through a third-party marketing channel, your booking may be subject to that channel’s own terms and conditions (“Channel Terms”). If any provision of applicable Channel Terms differs from the Terms in this Agreement, the provision of the Channel Terms will control.
RENTAL POLICIES AND GENERAL TERMS
A. Minimum Age. The “Minimum Age” to rent the Property is 19 years of age. You agree to provide us with proof of age upon request. A parent or legal guardian must accompany all guests who are under the Minimum Age for the entire duration of the rental.
B. Responsible Renter. As the Renter, you agree to be an occupant of the Property for the entire duration of the rental. All other occupants will be family members, friends, and other responsible adults over the Minimum Age, 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.
C. Good Neighbor Policy. Because the Property is in a neighborhood of privately owned homes, quiet hours are to be observed between 10:00 p.m. and 8:00 a.m. 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 check-out.
D. Maximum Occupancy. The number of people present at the Property may not exceed the maximum posted occupancy.
E. No Smoking. No smoking is permitted inside the Property.
F. Animals. No animals or pets of any kind are permitted at the Property except as bona fide service animals that we are required by law to allow. Emotional support animals are not permitted except as service animals.
G. Events. Events are prohibited at the Property without our express written permission. (If approved, additional conditions and fees may apply.)
H. Criminal Activity Prohibited. Use of the Property for any criminal activity is prohibited and may result in fines, prosecution, and/or your immediate removal from the Property. We will cooperate with any investigation of alleged criminal activity that occurred at the Property during your stay.
I. Payment Terms; Fraud. If you are paying by credit card you represent that you are the account holder or an authorized user of the account. If your payment is refused by the card processor we will ask you for a different form of payment and adequate proof of identity (such as a government-issued ID that matches the name on the account). Bramwell Adventures LLC may cancel your reservation or remove you and all Occupants from the Property immediately if you fail to provide a form of payment that can be validated. We may share your credit card information and other information about you with law enforcement if we suspect fraud.
J. Consequences of Breach; Charges for Damage. Any failure by you or any other Occupants to comply with these Terms is a breach of this Agreement and may result in a forfeiture of your rights to rent the Property, up to and including removal from the Property without refund, with or without the assistance of law enforcement. In addition, you are responsible for, and you authorize us to bill your credit card on file for the full amount of damage, loss or excessive cleaning required to restore the Property to its condition prior to your stay as a result of acts or omissions by you or any Occupant, as well as any fines issued by police, other government officials or agencies, utility providers for violation of any law, rule or ordinance during your stay.
ADDITIONAL TERMS AND CONDITIONS
K. Cancellation Policy; No Shows. Deposits are refundable (less booking and/or transaction fees, if applicable) for cancellations received 14 or more days before your scheduled reservation date unless the Property is re-rented for the same period. There are no refunds for no-shows, late arrivals, early departures, or inclement weather.
L. Maintenance Issues; Property Conditions. You agree to contact Bramwell Adventures LLC as soon as you notice any maintenance problem, or any potentially hazardous condition at the Property. You further agree to give Bramwell Adventures LLC a reasonable amount of time to address the concern and provide remedy. We will take reasonable and appropriate steps to remedy any reported problem as soon as practicable. We may enter the Property at your request, at reasonable times and with reasonable notice to inspect, maintain, or repair the Property, and to address any situation you report that we deem a threat to persons or property.
M. Choice of Law; Jurisdiction and Venue; Dispute Resolution.
M.1. Choice of Law. This Agreement shall be governed by laws of the State of West Virginia, U.S.A, without regard to its conflict-of-law provisions.
a. Agreement to Arbitrate. You and Bramwell Adventures LLC mutually agree that any dispute, claim or controversy arising out of or relating in any way to this Agreement will be settled by binding arbitration rather than in court, such arbitration to be conducted by the American Arbitration Association (“AAA”) under its Consumer Arbitration Rules, or such other AAA arbitration rules that the AAA decides to be applicable to a specific dispute, that are in effect as of the time of service of an arbitration demand. Payment of filing, administration and arbitrator fees will be governed by the AAA's rules. To begin an arbitration, a party must send a letter to the other party requesting arbitration and describing the claim. If Bramwell Adventures LLC requests arbitration, it will send the letter to your most recent email or physical address in our records. If you request arbitration, you must send the letter to Bramwell Adventures LLC’s registered agent in West Virginia.
b. Place of Arbitration. The arbitration shall take place in Mercer County, West Virginia.
c. Exceptions to Arbitration Requirement. As the only exception to the agreement to submit all disputes to binding arbitration as provided herein, Bramwell Adventures LLC and Renter both retain the right to pursue: (1) in small claims court in Mercer County, West Virginia, any claim that is within that court’s jurisdiction, and the parties consent to the personal jurisdiction and venue of such court; and (2) a suit in any court with jurisdiction to enjoin infringement or other misuse of intellectual property rights.
N. Acknowledgment & Disclaimer; Limitation of Liability; Indemnity.
N.1. Acknowledgment & Disclaimer. You acknowledge the Property may have features, amenities, and conditions that are unfamiliar to you and other Occupants you invite to the Property. You further acknowledge that your use of the Property and its amenities may carry inherent risk, including risk of damage to clothing or possessions, bodily injury, illness or disease, disability, or death. For example, some Properties include natural habitats for wildlife, insects, and pests that may expose you to injury or disease; or docks, stairways, porches, ledges, cliffs, ponds, rivers, fire pits, and other unmarked natural or manmade features, amenities, and conditions that carry inherent risk. You agree that, by using the Property or its amenities, you voluntarily and willfully assume those, as well as full responsibility for the choices you make during your stay. You also acknowledge and agree that you and any other adult Occupants are solely responsible for closely supervising and protecting the health and safety of yourselves and all Occupants that are minors throughout the duration of your stay.
N.2. Limitation of Liability. In no case shall Bramwell Adventures LLC, nor their affiliates, officers, employees, directors or owners be liable for damages, damages for bodily injury, illness or disease, emotional distress, or property damage arising from or in connection with your stay at the Property.
N.3. Indemnity. You agree to hold harmless and indemnify Bramwell Adventures LLC, and their respective affiliates, for and from all claims for property damage, personal injury, illness or disease, or monetary loss resulting from your actions or omissions, and the actions or omissions of other Occupants, during or relating to your stay. Type your paragraph here.