Terms and Conditions
Wildwood Properties, Inc., dba TWAIN HARTE RENTALS
VACATION RENTAL AGREEMENT
- OCCUPANT rents, for vacation purposes only and for dates and time specified in the on-line reservation, from Owner who will retain all legal, possessory and access rights, the Premises and agrees as follows:
- RENTAL PARTY: Other than the allowed amount of Occupants for this Premises, no other guests, persons, or visitors are permitted to occupy the Premises. If other guests, persons or visitors as stated on your online booking or disclosed to the booking agent, occupy the Premises, a breach of this Agreement will have occurred and the Occupant, guests, the Rental Party, and all other persons, or visitors may be required to immediately vacate the Premises or be removed and Occupant forfeits its right to return of any security deposit.
If any of the conditions of this Agreement are violated, Owner or Owner’s representative may terminate this Agreement and enter the Premises. Occupant, guests, visitors and all persons will vacate the Premises immediately and forfeit all rents, fees and security deposit.
- Rental Rate and Fees
NOTE: The Premises will not be held for Occupant until the Reservation Fee and this Vacation Rental Agreement, agreed to by the Occupant, is actually received. The Reservation Fee is NON-REFUNDABLE and is considered a fee for services rendered in entering into this Agreement.
If amounts due are not received by the applicable due date THR may, at THR’s (or THR’s representatives) sole discretion, terminate this Vacation Rental Agreement and return all payments made with the exception of the Reservation Fee. THR may charge a late fee of $50 in lieu of termination.
A charge of $25.00 will be assessed for any NSF check. A NSF check will result in cancellation of any reservations being held if valid funds are not received prior to applicable Payment Due Date.
4. PAYMENTS-For our non-internet visitors, payment for your vacation rental, the Premises, also referred to as the Cabin, may be made by cash, certified check, money order, credit card or personal check. Twain Harte Rentals, “THR”, accepts only US funds drawn on a US bank. THR also accepts Visa/MasterCard over the phone and funds are charged immediately. All payments are due 60 days prior to arrival. For reservations less than 30 days before arrival, payment in full will be required within 24 hours of booking.
5. SECURITY DEPOSIT-All security deposits as well as rents will be cashed and deposited in Twain Harte Rentals Trust Account. The Security Deposit is returned within 21 days of departure less any deductions for the full cost to replace, repair or restore damages or additional cleaning fees or any non-sufficient funds (“NSF”) fees or other sums due provided proper check out procedures have been followed. Occupant is also responsible for any damage that may exceed the security deposit. No interest will be paid on the security deposit unless required by local ordinance. THR reserves the right to place a hold on the credit card for those who make their deposit by credit card. Signor is responsible all for damages, accidental or otherwise.
Damage Insurance- As a part of your stay, you may purchase a $39 Vacation Rental Damage Protection plan designed to cover unintentional damages to the rental unit interior that occur during your stay provided they are disclosed to management prior to check-out. If purchased, the policy will pay a maximum benefit of $1500. Any damages that exceed $1500 or are not covered under the plan will be charged to the credit card on file. If, during your stay at one of our rental properties, an insured person causes any damage to real or personal property of the unit as a result of inadvertent acts or omissions, the Insurer will reimburse the Insured for the cost of repair or Replacement of such property up to a maximum benefit [limit]. Certain terms and conditions apply. Full details of the Vacation Rental Damage coverage are contained in the Description of Coverage or Insurance Policy www.vacationrentalinsurance.com/g20vrd. The Vacation Rental Damage plan can be purchased up to, and including at, check-in. By submitting payment for this plan, you authorize and request CSA Travel Protection and Insurance Services to pay Twain Harte Rentals any amount payable under the terms and conditions of the Vacation Rental Damage. Please contact Twain Harte Rentals directly if you do not wish to participate in this assignment.”
6. CANCELLATIONS-Cancellations must be made at least 60 DAYS prior to the arrival date to receive your security deposit less a $50 cancellation fee. Cancellations made 30 – 60 days will be charged HALF of total rent and there are NO refunds of any kind on cancellations made 30 DAYS or less from arrival unless Occupant’s reservation can be rebooked with payment in full, then the processing fee for cancellations with less than 30 days notice will be reduced to $300 or 50% of full rental amount whichever is greater.
For Occupant’s protection, THR recommends that Occupant purchases a vacation rental damage protection plan. This plan provides a well-rounded coverage for Occupant’s protection. This coverage may protect in the event the trip is cancelled because of sickness, death in the family or many other covered reasons. See THR website for further details.
THR does not offer refunds or rebates for late arrivals, early departure, inclement weather, flight delays or cancellations, road conditions, power outages, or other personal issues. Our cabins are located in the mountain area where such events range from rare to frequent.
In extreme emergencies such as broken pipes, THR reserves the right to cancel the reservation or substitute another available cabin. If for any reason beyond the control of the Owner or THR the Premises are unavailable, or in the event of a sale of the Premises, THR may substitute a comparable unit or cancel this Agreement with a full refund to Occupant of all payments received by THR.
7. MAINTENANCE: Occupant shall maintain and properly use the Premises for their intended purpose. Occupant shall immediately report to THR, any problem, malfunction or damage. Occupant shall pay for any repairs or damage to the Premises as a result of failure to report the problem, malfunction or damage in a timely manner. Occupant shall pay for any plumbing or sewer or septic repair of drain blockage or stoppage unless caused by defective plumbing or tree roots causing the lines to be blocked.
8. CONDITION OF PREMISES-Occupant has not inspected the Premises prior to signing this Agreement. It is the Occupant’s responsibility upon entering the Premises to examine all interior and exterior spaces and immediately report to Management any disrepair or non-operating systems. Reporting such items does not give the Occupant the right to cancel this Agreement or receive a refund or a rebate.
9. HOUSEKEEPING-All cabins will be cleaned and the fee is included in the Vacation Rental Agreement under Payments. (Housekeeping does NOT include washing dishes, emptying refrigerator, cleaning BBQ, cleaning oven. These remain the responsibility of the Occupant). If the Cabin is left exceedingly dirty or flooring stained etc., there may be an additional cleaning charge incurred. THR will provide one roll of toilet paper in each bathroom and 1 roll of paper towels in the kitchen. THR recommends Occupant comes prepared with additional paper products.
ALL CABINS are privately owned, furnished and equipped for the Occupant’s enjoyment. Pillows and some blankets are provided. The Occupant may choose to bring their own sheets, towels and pillow cases, washcloths, kitchen towels and toiletries and extra paper products. Linens and towels are available upon request for $18 per bed. (In addition to sheets and pillow cases, the linen charge includes 2 sets of towels for King, Queen and Double, and one set of towels for the Twin beds). Kitchen towels are also included.
10. PETS-There are NO pets to be in the Cabins OR on any of the Premises without PRIOR WRITTEN APPROVAL. Violation will result in forfeiture of Security Deposit and immediate termination of the Vacation Rental Agreement. Occupant(s) will be 100% liable for any cleaning or repairs resulting from allowing pets in the Cabin or on the Premises. If you are renting a "pet friendly" home, you must purchase the CSA damage protection and have PRIOR written permission for each dog. Dogs must e crated if no one is at home with them.
11. SMOKING-ALL Cabins are NO SMOKING Cabins. NO EXCEPTIONS! If Occupant or guests smoke outside, please keep doors closed and pick up after yourself. IF Cabin is left with a smoke smell, Occupant(s) will be 100% liable for any cleaning or repainting resulting from smoking in the Cabin OR on the Premises. Please do not leave your cigarette butts in the snow or on the ground. Please dispose of all cigarettes in the trash bin.
12. UTILITIES- Owner will pay utilities with the exception of all telephone charges to be paid by Occupant.
TWAIN HARTE LAKE Occupant agrees to pay Twain Harte Lake Tickets if Lake Membership Home is rented. Tickets to Twain Harte Lake are not included in rental price of our cabins with lake privileges. Cost of tickets to be paid directly to the lake upon entering.
13-RULES; REGULATIONS; NO COMMERCIAL USE-MAXIMUM NUMBER OF OCCUPANTS/CURFEW
The maximum number of Occupants and their guests may not exceed the amount stated for this Vacation Rental Agreement. For the benefit of our neighbors, THR asks that Occupant is courteous and quiet. For that reason, all noise must cease by 10:00 PM. Failure to comply with maximum number of Occupants and their guests and noise curfew will result in immediate removal from the Cabin and Premises and forfeiture of all rents and Security Deposit. Too many Occupants and guests in a Cabin are a HUGE strain on the septic/sewer system.
Guest agrees to abide by the Rental Rules they receive at check in as well as any that are posted in each home while at the property and shall cause all members of the rental party and anyone else Guest permits on the property to abide by the following rules at all times while at the property.
There is to be no use of Premises for any illegal or commercial use or for any reasons beyond that stipulated by the terms of this Agreement.
14. ACCESS- Guest shall allow THR access to the property for purposes of repair and inspection or emergency. Homeowner shall exercise this right of access in a reasonable manner.
15. INSURANCE- Personal property of the Occupant or their guests, including vehicles, is NOT insured by the Owner’s Insurance policy against loss or damage due to fire, theft, vandalism, rain, water, criminal or negligent acts of others, or for any cause. Owner does NOT insure against personal injury to any Occupant or Guest due to any reason other than condition of the Premises. Occupant is advised to carry their own insurance to protect the Occupant and their guests and their personal property against any loss or damage.
Occupant further agrees to indemnify, defend and hold harmless Owner and THR for any theft, damage, cost or expense whatsoever, from all claims, disputes, litigation, judgments, costs and attorney fees resulting from loss or damage or injury to Occupant, Occupant’s guests or licensees or their personal property.
16. MEDIATION: Occupant agrees to mediate any dispute or claim arising out of this Agreement, or any resulting transaction, before resorting to arbitration or court action. Mediation fees will be equally divided between the parties involved.
17- OTHER TERMS AND CONDITIONS
SNOW REMOVAL-There is NO snow removal provided, including driveways, walkways and decks. Snow removal may be available at Occupants’ expense with advance notice.
KEYS/DIRECTIONS TO CABINS
Occupant must pick up your keys as well as directions to the Cabin at THR’s office. If Occupant’s arrival is outside of THR’s normal office hours, THR’s office maintains a lock box for after hour key pickup. If Occupant will be arriving after hours or on a day that THR is closed, Occupant will receive instructions for accessing the lockbox upon payment in full of your rental fee. Please only prepaid reservations for after hour key pick up. There will be a $50 fee for after hour lockouts.
Occupant must drop off keys at THR’s office no later than 11 AM the date of Check Out.
MISHAPS/WINTER IN THE MOUNTAINS
THR is not responsible for inconveniences due to the elements. In the event that a problem occurs, THR will do everything possible to solve any problems in a timely manner. THR is not responsible for appliance failures, power outages or internet/television/wi-fi access. THR is not responsible for frozen pipes. Under such circumstances we are unable to offer a discount or return of rent or a rebate. Please know that THR will do everything possible to solve any problems but Life in the mountains can be challenging at times. Remember travel insurance is available for your trip.
Many of our owners provide basic BBQ supplies including propane. Firewood is not provided. However we do NOT guarantee that your cabin will come equipped with propane, charcoal or lighter fluid. Please come prepared or check in with us ahead of time.
SUBJECT TO CHANGE
All information in any marketing is believed to be accurate but is not guaranteed. Prices and amenities are subject to change without notification. Twain Harte Rentals will do the best to describe the house to the Occupant over the phone as well as on our website. THR will not be held responsible for any misconceptions Occupant may have regarding the house.
LOST AND FOUND
Neither Owner nor Owner’s representative will be responsible for personal property left behind or lost during stay. If property is found THR will be willing to ship the property to Occupant at Occupant’s cost, payment in advance. If property is not claimed within 30 days, it will be disposed of and may be contributed to a local charity.
COVID 19 RELEASE OF LIABILITY
Due to the 2019-2020 outbreak of the novel Coronavirus (COVID-19), our business is taking extra precautions with the care of every client to include health history review and enhanced sanitation/disinfecting procedures in compliance with CDC guidance.
Symptoms of COVID-19 include:
• Dry Cough
• Difficulty Breathing
I agree to the following:
• I understand the above symptoms and affirm that I, as well as all household members, do not currently have, nor have experienced the symptoms listed above within the last 14 days.
• I affirm that I, as well as all household members, have not been diagnosed with COVID-19 within the past 30 days.
• I affirm that I, as well as all household members, have not knowingly been exposed to anyone diagnosed with COVID-19 within the past 30 days.
• I affirm that I, as well as all household members, have not traveled outside of the country or to any city considered to be a “hot spot” for COVID-19 infections within the past 30-days.
• I understand that Twain Harte Rentals cannot be held liable for any exposure to the COVID-19 virus caused by misinformation on this form or the health history provided by each client.
Our business is following theses enhanced procedures to prevent the spread of COVID-19:
1. Health and Safety of Guests - Remote check-in/out will be made available when possible to cut down on face-to-face interactions.
2. All properties will provide local COVID-19 guidance and information for guests.
3. Employees or contractors working in short-term rentals will be provided CDC related safety guidance to alleviate the transmission of the virus and provide further protection for employees, contractors and guests.
4. All California Department of Health and Cal OSHA sanitation guidelines outlined in the COVID-19 Industry Guidance for Hotels, Lodging, and Short Term Rentals will be followed. https://covid19.ca.gov/pdf/guidance-hotels-lodging-rentals.pdf
5. Extra time will be allowed for enhanced cleaning procedures to take place between stays based upon the use of CDC cleaning and sanitization procedures.
6. Housecleaning contractors shall conform to CDC cleaning Guidelines as well as COVID-19 Industry Guidance for Hotels, Lodging, and Short Term Rentals. https://covid19.ca.gov/pdf/guidance-hotels-lodging-rentals.pdf
7. All cleaning shall be completed prior to guest check in, so as to avoid any physical contact between cleaning staff and guests.
8. Spare blankets and pillows shall be removed, unless cleaned between each guest stay. 9. To inform guest’s information will be placed at each property highlighting the cleaning protocols between stays.
10. If multiple members of the cleaning and/or rental staff are present at a property, they should maintain at least 6 feet apart at all times, and wear masks and gloves.
11. Housekeeping shall not enter the home to clean until a minimum of 24 hours have passed.
12. Non-essential repairs will be delayed until a guest departs.
13. Any positive cases of COVID 19 will be reported to the Tuolumne County Department of Health. The property will be vacant for at least 72 hours, deep cleaned and sanitized before being available to future guest.
By signing below, I agree to each statement above and release Twain Harte Rentals from any and all liability for unintentional exposure or harm due to COVID-19.
By hitting Agree on this Agreement or signing this agreement, I have read and fully agree to all of the terms of this Agreement and all of the above policies. To sign this Agreement we also require the Occupant to be 25 years of age or older. By hitting Agree you are confirming that you are 25 years of age or older.
I am providing my credit card number as a guarantee of payment. I agree to pay all rent and charges related to this Agreement, including all liability for rent and charges related to the property rental, as well as any damage or cleaning costs beyond normal wear and tear during the term of this Agreement. I understand that these costs will be charged to my credit card and I authorize THR to charge my credit card for payment of these items.
THR Signature________________________________________ Date___________________________________________