Last Updated February 2022
This LODGING AGREEMENT (the “Agreement”) dated as of the date set forth in the Basic Terms, is made by and between the Guest set forth in Basic Terms and Mountain Mama, LLC, a Virginia limited liability corporation with its principal place of business at 600 Washington St, Harpers Ferry, WV 25425 (hereinafter, “Manager”).
Manager is acting exclusively as the representative of the Owner of the Property set forth in Basic Terms (hereinafter “Owner”). Manager has been hired and compensated by Owner for the services rendered and will be representing the best interest of the Owner in all negotiations regarding this Agreement. Owner of the Property, by its Manager, in consideration of payments provided for herein, does hereby grant a revocable license to Guest for the time period set forth in Basic Terms to occupy the Property subject to the following terms and conditions.
1) PAYMENT DUE: All rental monies are due according to the payment schedule disclosed under “Payment Policy” on reservation acceptance.
2) CANCELLATION: Cleaning fees are refunded if the reservation is canceled before check-in. The total nightly rate plus taxes are refundable in certain circumstances as outlined below. For a full refund of the nightly rate, the guest must cancel at least 30 full days prior to listing’s local check-in time. For a 50% refund of the nightly rate, the guest must cancel at least 14 full days before the listing’s local check in time. If only 50% of the reservation has been paid, no refund will be issued and the remaining 50% will not be charged. If the guest cancels less than 14 days in advance or decides to leave early after check-in, the nights not spent will not be refunded. At Manager’s discretion, full or partial refund may be granted if all or some of the cancelled dates are subsequently booked by another guest. Online travel agencies (e.g. Airbnb, Vrbo) have their own, stricter cancellation policies. Reservations booked through such travel agencies will use the cancellation policy specific to that agency.
3) EARLY DEPARTURE: There are NO REFUNDS for EARLY DEPARTURE.
4) CONDITION OF PROPERTY: Manager has, to the best of its ability, given an accurate description of the property and its condition. Guest understands that rental of the property is considered reserved “sight unseen”. The property will be cleaned before your occupancy. All electrical, plumbing and appliances should be in working order. The failures of operation of certain extra amenities, such as a hot tub, TVs, cable, games, or the Internet and WiFi service are not a basis for any refund. Manager will make every effort to have these items repaired but does not guarantee that they will be repaired during Guest’s occupancy. When you arrive, if you find that the house has not been cleaned to normal standards please notify the Manager immediately. We will do our best to have problems remedied but may not be able to make repairs over holidays and weekends. Full or partial rental payment will only be refunded if the condition of the property is not habitable. The Guest agrees to hold the Owner and Manager harmless from any liability for the condition of the house.
5) CLEANING AND REPAIRS: All homes have cleaning included in the total rent. Guest agrees to keep house, furniture and furnishings in good order. Removing, adding or changing furniture without Manager’s written approval shall be deemed a material breach of this Rental Agreement, and is strictly prohibited. Guest is responsible for the cost of replacement of any damage to furniture or premises and replacement of missing items. Under no circumstances may any furnishing or linen be taken outside.
6) HOT TUB RULES AND MAINTENANCE: If this property is equipped with a hot tub then Guest must abide by all hot tub rules contained herein and within the guidebook. Water quality monitors and floating chemical dispensers may not be removed from the hot tub without written permission. Food and/or drink may not be consumed while using the hot tub. The cover must remain on the hot tub whenever the hot tub is not in use and the cover must be secured according to the instructions in the guidebook. Guest is responsible for adding spa chemicals as necessary and according to the instructions in the guidebook to ensure that spa water remains healthy. Guest agrees to make every reasonable effort not to track dirt, sand, or other debris into the hot tub and to remove any dirt, sand, or debris from the hot tub before checking out. Failure to maintain acceptable water quality may result in a fee of up to $300 for extraordinary hot tub servicing.
7) ENTRY OF PREMISES: Guest hereby agrees that the Manager, its employees, agents, or representatives, may enter the premises during reasonable daylight hours without securing prior permission from Guest for purposes of responding to Guest’s inquiry and/or complaint, assessing inventory, or performing maintenance. Manager shall give Guest prior notice of such entry to the extent possible. In the case of emergency, Manager, its employees, agents, or representatives, may enter the premises at any time without securing prior permission of or providing advance notice to Guest. If Guest abandons or vacates premises, Manager may, at its option, terminate this agreement, re-enter the premises, and remove all Guest’s property.
8) ASSUMPTION OF RISK: Guest using a hot tub, pool, kayaks, bicycles, lake, river or any other amenities on or off the premises do so at their own risk and neither the Owner nor the Manager assumes responsibility for accident or injury. No one should swim or soak alone. Guest holds the Owner and Manager harmless from any and all bodily injury and/or property damage incurred on the property arising out of Guest’s negligent acts or omissions. See disclaimer below.
9) CHILD PROOFING: Guest understands that no special efforts have been made to “childproof” this house, 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 hot tub, river, lake, adjacent street, cleaning supplies in the house and plants in the house, patio and on the street, that might be poisonous if ingested.
10) BUNK BEDS: This property may have bunks. Bunk beds pose a great risk of injury than other types of beds. Guest agrees to hold owner and manager harmless for any injuries which may occur due to use of any bunk beds.
11) MISSING ITEMS: Guest will be charged for any missing items reasonably attributable to Guest and not returned after notification. Manager will notify Guest in the event that items were inadvertently taken, and provide Guest the opportunity to return the missing items before such charges are assessed.
12) PERSONAL PROPERTY: Guest understands that any personal property of and used by Guest is not insured by Owner or Manager and neither Owners nor Manager shall be responsible for any lost, stolen or missing property of the Guess or property of Guest left behind after check out. Manager, at its discretion and upon request from Guest, may coordinate the return of any items left behind after check out, though Guest understands that a convenience fee will apply.
13) USE OF SECURITY CAMERAS: Guest understands and accepts that the property may be protected with one or more outside security cameras. These cameras are used to protect the property from potential break-ins and theft. Cameras will not be used to monitor the inside of the house. If Guest tampers with a security camera, this Agreement will be forfeited, terminated and deposits will be retained.
14) USE OF NOISE MONITORING DEVICES: Guest understands and accept that the property may be protected by noise monitoring devices. These devices are used to ensure noise levels do not reach unreasonable levels which might disturb neighbors. The monitoring devices measure volume levels but do not record audio. If Guest tampers with a noise monitoring device, this Agreement will be forfeited, terminated and deposits will be retained.
15) NO PARTIES: This is not a party house. Guest must be at least 25 years of age to book this property. 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 Manager’s advance approval. Prom parties, fraternity or sorority parties and graduation parties are not allowed at any time. Without exception, adults cannot rent property on behalf of underage guests.
16) NON-SMOKING: This is a NON SMOKING property. Evidence of smoking inside, such as the smell of cigarette or cigar smoke inside the home by the cleaning crew is sufficient basis to charge the Guest for smoke cleanup and removal from carpeting, AC ducts, and filters and furniture. This type of clean up is expensive and Guest are liable for the deep cleaning costs incurred.
17) NO PETS. Unless permission is explicitly granted in writing, pets are not allowed on the property. If Guest brings a pet(s) without permission, this Agreement will be forfeited, terminated and deposits will be retained and a deep cleaning fee will apply.
18) 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 Manager.
19) CHECK-IN AND CHECKOUT: Check-in is at 3:00 PM and checkout is 11:00 AM. Early check-in or late check-out may be granted upon request, if available, in which case an additional fee will apply. If Guest is 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.
20) 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.
21) REMEDIES: In the event of a default of this rental agreement, Owner shall have the option, upon written notice or as the law may hereinafter provide, to immediately re-enter and remove all persons and property from premises. In such an instance, this Agreement will be immediately terminated, and Manager and/or Owners shall be entitled to otherwise recover all damages allowable under the law. 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 Manager’s or Owners’ re-entry and taking possession of premises or removing or storing property as herein provided, and will hold Manager and Owners harmless from loss, costs and damages occasioned thereof, and no such re-entry shall be considered or construed to be a forcible entry as defined under West Virginia law. Further, if for any reason Manager is unable to deliver possession of the premises to Guest at the commencement of the term specified in this rental agreement, Owners shall refund all amounts paid by Guest, but shall not be liable for any other damages caused thereby.
22) ATTORNEYS FEE/DEFAULT: If any legal action or proceeding (including default, non payments, etc.) arising out of or related to this Agreement is brought by either party, 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.
23) INDEMNIFICATION: Guest agrees to indemnify and hold harmless Manager and Owners for any claim, cause of action, or other liability arising from personal injuries or property damage caused by the negligent, willful or intentional conduct of Guest. This indemnification agreement does not waive Manager’s and Owners’ duty of care to prevent personal injury or property damage when that duty is imposed by law.
24) PRIOR AGREEMENTS: No prior agreement or understanding not contained in writing herein shall be effective. Furthermore, Manager, other than what is specifically written and set forth herein, make 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 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 is held by any court to be invalid, void or unenforceable, the remaining provisions shall nevertheless continue in full force.
25) FORUM SELECTION, JURISDICTION, LAW AND VENUE: The parties agree to the exclusive jurisdiction and venue of the Circuit Court of Jefferson County, West Virginia for the resolution of all disputes arising under this rental agreement.
26) GOVERNING LAW: It is expressly agreed that this Agreement shall be governed and construed by the laws of the State of West Virginia only, irrespective of the state of residency of Guest.
DISCLAIMER: Guest understand that the Manager and Owners are not responsible for any personal injury or loss or damage to Guest’s property caused directly or indirectly from foul, inclement weather conditions, Acts of God or nature, failure of heat, accidents related to fire, heaters, stoves, Guest’s failure to take adequate precautions around wet areas, or any unforeseeable circumstances. Under no circumstances will Guest or anyone in the Guest’s party hold the Manager or the Owners of the property 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 Guest and everyone in Guest’s party.