This Vacation Rental Agreement (“Agreement”) between Killington Vacation Rentals (collectively or individually, as the context may require, “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 reservation that we have confirmed with you. By accepting this Agreement electronically (for example, by clicking “I accept”), or booking or otherwise occupying, accessing or using the 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 the portal you used to book your stay, including without limitation the parking limitations and maximum occupancy information (the “Property Description”), are part of this Agreement and are incorporated herein by this reference.
You must be at least 25 years of age to rent the Property. You hereby confirm that you are at least 25 years of age. You acknowledge that failure of this confirmation to be true constitutes a material breach of this Agreement.
Short Term Rental
Regardless of the duration of your stay at the Property, you acknowledge and understand that this Agreement memorializes a short-term nightly rental arrangement and does not constitute a lease (of any duration).
Cancellation Policy; No-Shows; Changes
Rental payments are refundable (less 30% of the total reservation rent and fees, which are non-refundable) for cancellations received 31 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. No refunds or compensation will be given if the Property is unavailable (or if it is available but difficult to reach) for any reason outside of our reasonable control, including but not limited to adverse weather conditions, natural disasters, epidemics, other Acts of God, mechanical failures, acts of government agencies or authorities, or utility outages. You are encouraged to obtain appropriate travel insurance. In addition, for any unforeseen circumstance Company reserves the right to, among other actions, relocate guests to another similar property, cancel the stay, or issue a credit for a future stay. In the event the reservation is moved, changed or a future stay credit is provided, the reservation will not be eligible for cancellation or refund. If you do not book direct, and instead book through a third party, additional fees and refund and deposit policies may apply (but all other terms and conditions of this Agreement remain the same). Please review the policies of any third party booking sites prior to confirming your booking.
Payment Procedure; Details of Stay; Financial Liability
In order to book the Property more than 30 days in advance of your arrival, you are required to make a deposit in an amount equal to fifty percent (50%) of your reservation total on your booking date. The remaining amount due for your stay (including the remaining nightly rate for your lodging, taxes, fees, and a security deposit and any other amounts, as applicable) will be charged to your credit card on file with us 30 days prior to your arrival date. If you book less than 30 days in advance, all such amounts will be charged to your credit card on your booking date. We do not accept checks or cash payments. We will provide you with directions to the Property and the entry code following receipt of payment in full for your stay. If you do not book directly with us, and instead book through a third party, additional fees and refund and deposit policies of such third party may apply, which are your sole responsibility (but all other terms and conditions of this Agreement remain the same). Please review the policies of any third-party booking sites prior to confirming your booking. You acknowledge you are responsible and liable for all costs, fees, taxes, expenses and other charges incurred in connection with your short-term rental of the Property, including those items chargeable to your credit card as described above. You acknowledge you are also responsible and liable for other amounts described in this Agreement. You acknowledge that you remain responsible and liable for all such amounts not paid by your credit card company, and that the Company and each other Company Party (as defined below) shall have all rights available at law and in equity to collect such amounts if you fail to pay. You agree to pay all such amounts owing immediately on demand, without setoff of any kind. Any amounts owing that remain unpaid after 30 days following demand will accrue interest at the rate of 1.5% per month or the maximum amount permitted under law, whichever is less. You also agree to pay all attorneys' fees, costs, expenses and other charges incurred by each Company Party (as defined below), including costs of appeal, together with interest on any judgment or award, in collecting any amounts owed by you under this Agreement. 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 are required to be family members, other responsible adults over 21, or persons 21 or under accompanied by a parent or legal guardian. You agree to be solely responsible for your actions and omissions, and the actions and omissions of such other persons and any other guests or 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 of this Agreement. You acknowledge that you are solely responsible and liable for the safety and security of you and each other Occupant during your stay.
Good Neighbor Policy; Quiet Hours
We enforce a good neighbor policy. You are required to treat the Property with the same care you would use with your own residence, and in any case with no less than reasonable care, and to 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 are required to close and lock doors and windows when you are not present at the Property and upon check-out. You also acknowledge that you are required to comply with all check-out procedures and other rules and requirements of the Property, as presented to you in writing in the Property Description or otherwise. You and your 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, that is not in violation of any local, state or federal laws, and that will not prompt complaints from police, neighbors, or neighborhood or homeowner associations. Noise audible outside the Property (including music or loud conversation) is prohibited between 8 p.m. and 7 a.m.
The number of Occupants (including children) present at the Property may not exceed the maximum occupancy set forth in the Property Description.
No smoking is permitted at the Property (including on porches, decks or outdoor areas). “Smoking” means inhaling, exhaling, breathing, carrying, or possessing any lighted or electronic cigar, cigarette, pipe, vaporizer, joint, or other tobacco or marijuana product in any manner or in any form. No marijuana, medical or otherwise, may be used, grown, stored or consumed on the premises.
No pets of any kind are permitted at the Property except (1) as specifically authorized in the Property Description and your reservation, or (2) bona fide service animals we are required by law to allow. Select Properties allow dogs only. If your dog is permitted on the Property as confirmed to you in writing, a non-refundable pet fee of $155 per dog (limit 2), per stay will be charged. You are required to keep your dog off of the furniture (including the couches, chairs, and beds), prevent your dog from damaging any property, and pick-up and properly dispose of your dog's excrement.
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.) For these purposes, “events” include without limitation parties, meet-ups, weddings, receptions, concerts and other similar ceremonies or events. No tents, canopies, or other structures may be erected on the Property.
Hot Tub Use; Bunk Bed Use; Certain Other Activities
The Property may include a hot tub, jacuzzi, sauna, bunk bed, access to water such as a swimming pool, canals, lakes, rivers, access to watercraft such as kayaks, canoes and paddle board, access to bicycles at or through the Property, and access to similar equipment (collectively, the “Equipment”) and activities (collectively, the “Activities”). You acknowledge and agree that the Equipment and Activities carry inherent risks, and YOU AND YOUR OCCUPANTS ASSUME ALL RISKS RESULTING FROM OR RELATED TO ACCESS TO AND USE OF THE EQUIPMENT OR ENGAGING IN THE ACTIVITIES, INCLUDING THE RISK OF DEATH, PHYSICAL INJURY AND DAMAGE TO PROPERTY. As a condition to using the Property and gaining access to the Equipment and Activities, you unconditionally release and forever discharge the Company, the owner(s) of the Property (the “Owner”), each of their affiliates and their successors and assigns, and each of their respective officers, directors, owners, managers, employees, representatives and agents (all such parties and persons, the “Company Parties”), from any claims, demands, actions, suits, causes of action, obligations, damages, penalties, and liabilities of any kind (including negligence), that arise, result from or relate to your stay at the Property, including your or your Occupants' access to or use of Property or the Equipment, or your or their engagement in any of the Activities. With respect to any hot tub at the Property, you are prohibited from removing the brominator (floating disinfectant) from the hot tub as this will cause the chemicals to be out of balance. You are required to shower before entering the hot tub and replace the hot tub cover upon exiting. Further, you may not consume food or beverages inside or around the hot tub. You acknowledge that hot tubs are not suitable for pregnant women, children under 12 years of age, intoxicated persons, or persons with certain heart or other health conditions. If you have any health-related questions about the use of a hot tub, consult your physician or other medical advisor. We charge an additional set up fee for the hot tub if you are staying at a Property from mid-March through mid-December.
If no electronic lock is present at the Property, a key will be provided. If you lose the key, you are required to pay a fee in the amount it costs us to replace the locks on the Property.
Early Check-In/Late Check-Out
Check-in time is after 4:00 P.M. Eastern Time for most Properties. Check-out time is at or before 10:00 A.M. Eastern Time for most Properties. Early check-in or late check-out may be available, as determined by the Company; however, additional charges may apply. If you do not vacate by c heck-out time (or by a late check-out time agreed to by Company), you expressly authorize us to deduct from your deposit or bill your credit card on file for a late departure fee of up to one night's rental. Further, in such case, in addition to all other legal rights we may have, we may evict all Occupants and remove their personal property from the Property.
Housekeeping and Maintenance Issues; Property Conditions
The Property is provided AS-IS, and we are not responsible – nor will you be provided with any discount – for the inoperability or unavailability of any amenities (including, without limitation, any phone or internet service, air conditioning, TVs, VCRs, DVDs, cable, and Equipment). You agree to contact us as soon as you notice any maintenance or housekeeping problem, or any potentially hazardous or unsafe condition, at the Property, or if any incident occurs at the Property that is related to such a problem or condition. We will take reasonable and appropriate steps to remedy any reported urgent, hazardous or unsafe problem as soon as practicable. We may enter the Property to remedy any problem you report or of which we become aware, or otherwise to protect the Property or any persons. We will seek to limit our access to reasonable times and upon reasonable notice, but we reserve the right to inspect, maintain, or repair the Property, and to address any situation that we reasonably deem an urgent situation or emergency that threatens persons or property, at any time and without notice if we determine such access to be appropriate. We provide an initial supply of tissue, toilet paper, paper towels, bath soap, laundry, dish detergent, clean bed linens, and towels. We do not replenish products during your stay.
Your Cleaning Obligations
You are required to leave the Property in the same general condition as it was in when you arrived, and to clean all food and drink spills immediately. You acknowledge that food and drink spills on carpet and furnishings constitute damage to the Property (and not normal wear and tear). You are prohibited from wearing high heels, spiked heels, golf cleats, ski boots, or other abrasive footwear on wooden floors. You must remove all of your food from the refrigerator and clean any spills you are responsible for inside the refrigerator. You may not leave dirty dishes; you are required to rinse dishes and place them in the dishwasher on the wash cycle. If you break or damage any items at the Property, you are required to clean up and notify the Company promptly. Staff will arrive shortly after your departure to thoroughly clean and inspect the Property.
Criminal and Other Activity Prohibited
Use of the Property for any criminal activity or any activity that results in harm or nuisance to others is prohibited and may result in fines, penalties or prosecution. This prohibition extends to use of the Property's Internet service, if any, for any such activity, including unlawful downloads of copyrighted or other protected material (including movies, music, software, or other material), or accessing or engaging in any unlawful material or activity.
Consequences of Breach
Any failure by you or any other Occupants to comply in full with any of the terms of this Agreement may result in a forfeiture of your rights to rent the Property. In particular, upon any such failure, we may immediately evict you from the Property without refund, in addition to all other rights the Company and the Owner may have. Further, you are responsible and liable for, and you authorize us to deduct from any deposit you have made with us and/or to bill your credit card on file for the full amount of: (1) any damage, theft, or loss that occurs at the Property during your stay; (2) a charge of $250 per violation for any violations of the pet policy, including for bringing a pet when you are not authorized to do so or bringing more pets or different types of pets than specifically authorized; (3) a charge of $50 for each failure to pick-up and properly dispose of your pet's excrements; (4) a charge of $250 plus tax per violation of a parking restriction; (5) a charge of up to $150 per violation for noise complaints from neighbors received by us during your stay; (6) an additional cleaning fee of up to $500 for excessive cleaning required by the acts or omissions of you or any Occupant during your stay; (7) the full amount of any fines, penalties or other assessments issued or made 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 from the violation; and/or (8) any other amounts for which you are responsible or liable under this Agreement. If any unauthorized download of copyrighted or other protected material occurs, or any other unlawful activity takes place, via the Property's Internet service during the period of your stay, you acknowledge that we have the right to share your contact information and details of your stay with law enforcement, the Internet service provider or any other party we reasonably believe has enforcement rights.
Limited Damage Waiver (LDW)
The total cost of your reservation for this Property includes a damage waiver fee (in USD) (the “LDW”) The LDW covers you for up to $2,000 of accidental damage to the Property or its contents (such as furniture, fixtures, and appliances) during your stay, provided that you report the incident to Company prior to checking out. The LDW fee eliminates the need for a traditional security deposit. You are required to report accidental damage as soon as it occurs so we can assess and minimize the extent of the damages. To report accidental damage, please call the Company.
LDW Terms and Conditions
- The LDW only covers accidental damage that occurs during the authorized rental period and that you report PRIOR TO CHECK OUT.
- The LDW does not cover intentional or negligent damage, damage caused by pets, or damage due to activities that violate this Agreement, including smoking and criminal activity.
- The LDW does not cover damage to any structure other than the Property.
- You are responsible and liable for any accidental damage that exceeds $2,000. Damages for covered claims in excess of $2,000 or for uncovered claims will be charged to your credit card.
- The LDW program is provided and administered by the Company and is not an insurance policy. The LDW does not provide liability coverage and does not cover vehicles or guest personal items.
- The LDW is provided by the Company to you and there are no third party beneficiaries of the LDW.
- The LDW does not apply if you breach this Agreement, commit any fraud in connection with your stay, or misrepresent any information provided to us. The LDW does not constitute insurance in any respect. Insurance may be obtained for your trip as provided in the following paragraph. The Company expressly reserves all other rights, and you acknowledge that you are responsible and liable for all damage and destruction of property at the Property other than as expressly set forth above.
Travel insurance is available when booking on our site and can be purchased up until time of final payment for the Property. This insurance, and travel insurance from other providers that may apply to your stay at the Property, are optional to you. In case of any unforeseen events, this insurance may help protect your vacation investment. Questions regarding travel insurance should be directed to Rental Guardian. You can find additional information on their website.
Choice of Law and Venue for Disputes
This Agreement shall be governed by the law of the State of Vermont without regard to its conflict of laws provisions that might refer the construction or enforcement of this Agreement to the laws of any other jurisdiction. You consent to the exclusive jurisdiction and venue of the courts of Rutland County, Vermont to resolve any dispute, subject to the terms governing binding arbitration below. Limitation of Liability. TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO CASE SHALL ANY COMPANY PARTY BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE OR EXEMPLARY DAMAGES, OR FOR ANY DAMAGES FOR DEATH, PERSONAL OR BODILY INJURY, EMOTIONAL DISTRESS, OR DAMAGE TO PROPERTY, ARISING OUT OF, RELATED TO OR RESULTING FROM BOOKING OR YOUR ACCESS TO OR USE OF THE PROPERTY, THE EQUIPMENT OR THE ACTIVITIES. 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 ANY COMPANY PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE AND EVEN IF THE LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED ITS ESSENTIAL PURPOSE.
You shall indemnify and hold harmless each Company Party against all liabilities, losses, awards, judgments, fines, penalties, fees (including attorney's fees) damages, costs or expenses of any kind, including personal property damage, damage to the Property, personal injury and death,, that arise out of, related to or resulting from your actions or omissions, and the actions or omissions of your Occupants, during your stay at the Property, access to or use of the Property or the Equipment, or engaging in the Activities.
Binding Arbitration and Class Action Waiver
You agree to submit to mandatory binding arbitration any dispute, controversy or claim arising out of this Agreement against the Company, the Owner or otherwise (each a “Claim” and collectively “Claims”) that may be compelled to arbitration under this Agreement as a matter of applicable law. YOU WAIVE ANY RIGHTS YOU MAY HAVE TO TRIAL BY JURY IN REGARD TO ANY CLAIMS YOU HAVE. TO THE FULLEST EXTENT PERMITTED BY LAW, YOU WAIVE ANY RIGHTS YOU MAY HAVE TO PURSUE OR PARTICIPATE IN A CLASS, COLLECTIVE, AGGREGATE, OR REPRESENTATIVE ACTION PERTAINING TO ANY CLAIMS YOU MAY HAVE WITH RESPECT TO THE COMPANY (“Class Action Waiver”). All Claims must be brought solely in a party's individual capacity. Each party will pay the fees for his/her/its own attorneys, subject to the other provisions of this Agreement and to any remedies to which that party may later be entitled under applicable law. The arbitrator may award any party any remedy to which that party is entitled under applicable law, but, to the extent permitted by applicable law, such remedies shall be limited to those that would be available to a party in his, her or its individual capacity in a court of law for the claims presented to and decided by the arbitrator, and no remedies that otherwise would be available to a party in his, her or its individual capacity in a court of law will be forfeited by virtue of this Agreement. The arbitrator will issue a decision or award in writing, stating the essential findings of fact and conclusions of law. Except as may be permitted or required by law, as determined by the arbitrator, or as necessary to confirm or enforce the arbitrator's award, neither a party nor an arbitrator may disclose the existence, content, or results of any arbitration hereunder without the prior written consent of all parties. A court of competent jurisdiction shall have the authority to enter a judgment upon the award made pursuant to the arbitration.
Substitution of Property
On rare occasions, due to among other reasons 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, we reserve the right to substitute a comparable property. If comparable accommodations are not available, you will have the option of (1) selecting from other available 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 terms in this Agreement, plus any terms set forth in the Property Description specific to the substituted property, shall apply to your stay in the substituted property.
You are prohibited from publishing any untrue, incomplete or misleading remarks about the Company or the Owner, including their employees and agents, or the Property that may disparage or impugn the integrity of such entities or persons. We reserve the right to seek redress for defamation, libel or slander to the fullest extent of the law. We reserve the right to reject your request for occupancy or to cancel reservations (with a full refund) in our sole discretion. This Agreement may only be amended or modified by a writing signed by you and an officer of the Company. You understand and agree that the Company's non-management level employees, including its receptionists and help-desk personnel, do not have authority to accept, modify, or waive any term or condition set forth herein. Each Company Party (other than the Company) is an intended third-party beneficiary of this Agreement. There are no other third-party beneficiaries of this Agreement. Each provision of this Agreement is intended to be severable. Any provision of this Agreement that is unenforceable shall be ineffective solely to the extent of such unenforceability without invalidating the remaining provisions hereof to the maximum extent permitted by law.
You may not assign this Agreement without the prior written consent of the Company. The Company may assign this Agreement. This Agreement is binding on your successors, permitted assigns, heirs, executors and administrators. By acknowledging and accepting this Agreement or otherwise accessing or using the Property, you agree to be opted into communications from the Company via phone, e-mail, mail, or other communications to which you may opt out after receipt of such communications pursuant to all pertinent laws and regulations regarding such communications.
You may contact the Company at any time by calling or emailing. If you are unable to reach us during regular business hours, please leave a message and your call will be returned as soon as possible. For additional information, please visit the Contact Us section located on our website.