Terms of service.
VACATION RENTAL CONTRACT
This vacation rental contract is a legal agreement between Flying Geese Retreat LLC (also
referred to as the “Homeowners” and “Owner” and “Landlord” and “Property Manger”) and you,
the Renters (also referred to as “Tenants” and “Guests”). This contract is entered into
agreement as of the date when the Renters place their reservation online and the reservation is
screened and accepted by the Homeowner. The Homeowner will notify the Renters by email if
their reservation is not accepted. Owner reserves the right to refuse service to anyone.
Payment Policy:
• 50% of total Booking amount at the time booking is made
• Remaining 50% 30 days before guest arrives
• As part of the online booking process, the renter must agree with the Vacation Rental
terms and conditions.
Cleaning & Linen Service Policy:
The retreat is provided with pillows, linens, blankets, towels, kitchen towels, comforters, hand
towels & wash cloths including extras located in closets. You are responsible for putting all
debris, rubbish and discards are placed in plastic bags and transferred to the trashcans in the
front of the home, and soiled dishes and cooking utensils are placed in the dishwasher and
cleaned. Linens, blankets, pillows, bedspreads, comforters and towels are provided. It is
standard for beds to be made for Guests arrival as part of the linen and cleaning service.
The retreat is provided with a starter set of toilet paper & paper towels. Owners do not guarantee
that these extra items will always be available, and guests may need to replenish their own
paper goods, toiletries, & laundry detergent, etc.
Rental Agreement:
We, the Renters (also referred to as “Tenants” and “Guests”) agree to the following:
(1) PAYMENT DUE - All rental monies are due according to the payment schedule disclosed
under "Payment Policy" above on reservation acceptance
(2) CANCELLATION Policy
a. 50% of paid prepayments refundable when cancelled 60 days before arrival or earlier. 0% of
paid prepayments refundable when cancelled after.
b. EARLY DEPARTURE - There are NO REFUNDS for EARLY DEPARTURE.
(3) WEATHER RELATED EVENTS - There is a 50% refund for weather related event: ie: power
outage (after 6 hours), flood, tsunami, etc. including a mandatory evacuation if ordered. Renter
ASSUMES THE RISK.
(4) CONDITION OF PROPERTY: Owners have, to the best of their ability, given an accurate
description of the property and its condition. Guest understands that it is considered as reserved
"sight unseen". Our cleaning staff will have cleaned it before your occupancy. All electrical,
plumbing and appliances should be in working order. The failures of operation of certain extraamenities, such as TVs, cable, games, or the Internet and WiFi service are not a basis for any
refund. Owner will make every effort to have these items repaired but does not guarantee that
they will be repaired during Guests occupancy. When you arrive, if you find that the retreat has
not been cleaned to normal standards please notify the Owner immediately. We will do our best
to have tradesmen attend to the problems but may not be able to fix everything over holidays
and weekends. Under no circumstances will any of the rental money be refunded or returned
because of the condition of the house. The Guest agrees to hold the Owner harmless from any
liability for the condition of the house. Due to the nature of beach properties, the sand, stairs,
decks and concrete are not always stable. Use at your own risk.
(5) CLEANING & REPAIRS: Flying Geese Retreat has a cleaning fee included in the total rent. Please note that
cleaning does not include dishes & cooking utensils. If additional cleaning is required after you
leave, it will be charged to your credit card. Guest agrees to keep house, furniture and
furnishings in good order. Removing, adding or changing furniture without Owner’s written
approval shall be deemed a material breach of this Rental Agreement, and is strictly prohibited.
Guest is responsible for cost of replacement of any damage to furniture or premises and
replacement of missing items. Under no circumstances can any furnishing or linen be taken
outside onto the beach with the exception of those items specifically mentioned in paragraph 8.
(6) ENTRY OF PREMISES: With Guest’s permission, which is hereby given, Owner or Owner’s
representative may enter the premises during reasonable daylight hours without securing prior
permission from Guest, but shall give Guest notice of such entry immediately prior if possible
and immediately thereafter. For inventory and maintenance purposes a property management
employee of the Owner may need to enter the premises. The same permission procedure
applies as above. In any emergency, Owner or Owner’s servicing agents may enter the
premises at any time without permission of Guest for the purposes of making repairs to alleviate
such emergency. If Guest abandons or vacates premises, Owner may, at his option, terminate
this agreement, re-enter the premises and remove all Guest's property
(7) ACCIDENTAL DAMAGE INSURANCE - Renters will be completely responsible for any and
all damage to the retreat or property caused by Renters, whether accidental or due to Renters
negligence. However, Renters understand that the rental includes an accidental damage rental
policy providing up to $3,000 in accidental damage protection provided Renters notify the owner
and assist the owner in making a claim. Renters understand that Renters are responsible for
damage beyond the coverage provided by the accidental damage insurance. Renters are also
responsible for damage that would have been covered by the accidental damage insurance if
Renters fail to advise the Owner of the damage and provide the necessary information that
would allow the Owner to file a claim against the policy.
(8) USE OF EXTRAS - Renters will furnish their own beach towels, beach chairs and beach
shades (EZUPs, umbrellas, etc.). If Renters use any of these items they will wash, dry and
return them to their prior location or Renters will be assessed a cleaning fee of $50.00. Any
unused beds will be left as found. Leave used beds unmade and used towels on the bathroom
floor or laundry room.
(9) ASSUMPTION OF RISK: No lifeguard may be on duty. Accordingly, persons using the
beach do so at their own risk and the owner assume no responsibility for accident or injury. No
one should swim alone. Renters will hold the Owners harmless from any and all bodily injuryand/or property damage incurred on the property arising out of Renters' negligent acts or
omissions. See disclaimer below.
(10) CHILD PROOFING: Guest understands that no special efforts have been made to
“childproof” this retreat and accept the risk or harm to any children we allow on the property.
These risks are not limited to, but include access to the ocean, adjacent street, cleaning
supplies in the retreat and plants in the retreat, patio and on the street, that might be poisonous if
ingested.
(11) FURNITURE: Do not move any furniture without prior written permission. Do not cover any
heat source in any room.
(12) MISSING ITEMS - Renters will be charged for any missing items (according to our
inventory records) reasonably attributable to Renters and not returned after notification. The
cleaning service performs an inventory/survey of the property after Guests depart and notifies
the Owner of any missing items. Owner will notify guests in the event that items were
inadvertently taken, and provide guests the opportunity to return the missing items
(13) USE OF SECURITY CAMERAS - Renters understand and accept that the property is
protected with outside security cameras. These cameras are used to protect the property from
potential break-ins and theft. There are NO cameras inside the retreat. There is A camera in the
sewing studio for security reasons.
(14) PERSONAL PROPERTY: Guest understands that any personal property of and used by
Guest is not insured by Owner and Owner shall not be responsible for any lost, stolen or
missing property of the Guest or property of Guest left after check out.
(15) KEYS - Lost keys will incur replacement costs of $25.
(16) BEACH CONDITION: Guest understands that Owner has no control over the condition of
the beach and cannot be held liable for any changes to beach conditions or any closing as
ordered by any official agency. Please abide by all signs posted at beach.
(17) NO PARTIES - This is not a party house/retreat. The Renter must be 25 years of age to book this
Vacation Rental. Any special occasions such as weddings, receptions, family reunions or
increase of occupants (guests not registered on registration form) must be disclosed at the time
the reservation is made and is subject to Owner's advanced approval. Prom parties, fraternity or
sorority parties and graduation parties are not allowed at any time. Adults cannot rent property
on behalf of underage guests, no exception.
(18) NON-SMOKING - This is a NON SMOKING vacation rental. Evidence of smoking, such as
the smell of cigarette, cigar, vaping and marijuana smoke inside the retreat by the cleaning crew
is sufficient basis to charge the renter for smoke cleanup and removal from carpeting, AC ducts
& filters and furniture. This type of clean up is expensive and Renter is Liable for the deep
cleaning Costs incurred.
(19) NO PETS ALLOWED. If you bring a pet(s), this rental agreement will be forfeited,
terminated and deposits will be retained and a deep cleaning fee will apply.
(20) MAXIMUM OCCUPANCY - is 12 adults. 12 beds are provided.(21) PARKING – Parking is available in the driveway. Limited up to (10) standard vehicles.
Additional parking is available off site.
(22) SUBLETTING: Guest is not authorized to let or sublet all or any part of the premises nor
assign the lease or any interest in it without the prior written consent of the Owner.
(23) CHECK-IN & CHECKOUT - Check-in is at 10:00 AM and checkout is 4:00 PM. A late
checkout is subject to extra rental charges at the rate of $100/hour after a grace period of 30
minutes. Guests may arrange for extra nights in advance to avoid any late checkout fees. Extra
nights are charged at the daily rate and may be granted if available. If Guests are not present
when cleaning crews arrive and have left their possessions in the house, cleaning crews will
collect their possessions and remove them from the premises in order to prepare the unit for
incoming guests and Guest will be charged $150 for this service. PLEASE checkout promptly,
the cleaning crews have a very short time window to prepare the unit for new guests.
(24) CHECK-OUT PROCEDURES - Renters are responsible to complete the check-out
procedures as outlined in the guest binder in the living room.
(25) HOLDING OVER: Because of the nature of Owner's business (short term winter and
summer recreational rentals) Guest understands, and is hereby put on notice that any
unauthorized "holding over" of the property past the stated rental period could severely
jeopardize Owners business and cause loss of rental income from other previously booked
guests. Temporary and/or permanent loss of business, goodwill, reputation and, among other
things, could force Owner to breach an agreement with similar short term summer and winter
recreational Guest(s) who may have reservations during Guest's unauthorized "holding over"
period. In the event, Owner may be legally liable in damages to said other guests. Guests
should be aware that unauthorized "holding over" has been construed as a factor in establishing
"malicious continuing occupation" of rental property, which may entitle Owner to treble damages
in any unlawful detained action. Guest also recognizes the unauthorized "holding over" could be
grounds in court as a cause of action for intentionally interfering with Owner’s prospective
business advantage. In addition, we will charge $100.00 an hour past 3:00pm on day of check
out.
(26) RELATIONSHIP OF PARTIES: It is specifically agreed and understood that the
relationship between the parties herein shall be deemed to be of proprietor and lodger or Guest
as opposed to a relationship of landlord/tenant. Guest specifically waives and make inapplicable
to this lodging the provisions of Washington State landlord/tenant Law
(27) REMEDIES: In the event of a default to the Rental Agreement, particularly, but not limited
to Guests unauthorized "holding over" or those acts mentioned above in this agreement, and in
addition to all other rights and remedies Owner may have at law, Owner shall have the option,
upon written notice or as the Law may hereinafter provide, Owner may immediately re-enter and
remove all persons and property from premises. In such an instance, the Rental Agreement will
be terminated, and Owner shall be entitled to otherwise recover all damages allowable under
the Law. The Guest, as part of the considerations of this special rental, in recognition that this
property is booked in advance by other Guests throughout the year, hereby waives all claims for
damages that might be caused by Owner; re-entry and taking possession of premises or
removing or storing property as herein provided, and will hold Owner harmless from loss, costsand damages occasioned thereof, and no such re-entry shall be considered or construed to be
a forcible entry as defined in the Washington State Code of Civil Procedure or other similar
statutory provisions. Further, if for any reason Owner is unable to deliver possession of the
premises to Guest at the commencement of the term specified in the Rental Agreement, Owner
shall refund amounts paid by Guest, but shall not be liable for any other damages caused
thereby.
(28) ATTORNEYS FEE/DEFAULT: If any legal action or proceeding (including default, non
payments, etc.) arising out of or related to this Rental Agreement is brought by either party to
this Rental Agreement, the prevailing party shall be entitled to receive from the other party, in
addition to all other relief that may be granted, the reasonable attorney's fees, costs and
expenses incurred in the action or proceeding by the prevailing party.
(29) INDEMNIFICATION: Guest agrees to indemnify and hold harmless Owner for any liability
arising before termination of this Rental Agreement for personal injuries or property damage
caused by the negligent, willful or intentional conduct of Guest(s). This indemnification
agreement does not waive Owner's duty of care to prevent personal injury or property damage
when that duty is imposed by law.
(30) PRIOR AGREEMENTS: No prior agreement or understanding not contained in writing
herein shall be effective. Furthermore, Owner, other than what is specifically written and set
forth herein, makes no other or further representation regarding the nature, character and
quality of the premises to be rented, and no representation shall be deemed to exist or be
material unless and until it is reduced to a writing and signed by the parties. This Rental
Agreement may be modified in writing only and must be signed by the parties in interest at the
time of the modification. It constitutes the entire agreement of the parties. If any provision in this
contract held by any court to be invalid, void or unenforceable, the remaining provisions shall
nevertheless continue in full force.
(31) FORUM SELECTION, JURISDICTION, LAW AND VENUE– The parties agree to the
exclusive jurisdiction and venue of the District Court of the State of Washington for Grays
Harbor County and/or Municipal court for the city of Westport for the resolution of all disputes
arising under this Agreement. The sole and exclusive venue (i.e. place where lawsuit may be
filed) for any legal proceedings shall be in Westport, Grays Harbor County, WA. Guest expressly
waives any other right or privilege with respect to the election of venue or court (i.e. state or
federal) and location of the venue of action. GOVERNING LAW – It is expressly agreed that this
Agreement shall be governed and construed by the laws of the State of Washington only,
irrespective of the state of residency of Guest.
Disclaimer:
Renters understand that the Homeowners are not responsible for any personal injury caused by
slipping on wet pavement or surfaces, and that tenants are responsible for exercising care when
surfaces are wet or slippery due to weather or use of hoses to wash down areas, and further,
that the homeowners are not responsible for any personal injury or loss or damage to tenants’
property caused directly or indirectly from foul, inclement weather conditions, Acts of God or
nature, failure of heat, accidents related to fire, heaters, stoves, tenants’ failure to take adequate
precautions around wet areas, or any unforeseeable circumstances.Under no circumstances will Tenants or their guests hold the Owners of the Vacation Rental
responsible for any damages or claims of any kind resulting from their stay, except for
intentional acts of harm.
This agreement and disclaimer applies to Renters and all guests in the Renters’ party as listed
in agreement.
At the time of booking via website, the Renter, will acknowledge via a checkbox that they have
read, understand, agree to, and will abide by this rental agreement and all conditions stated
herein this rental agreement. By clicking the checkbox, the renter acknowledges and agrees to
the terms set forth in this agreement. This will be in lieu of renter signature.