The Agreement
This Vacation Rental Agreement (“Agreement”) is for the rental of the property specified in a confirmed reservation (the “Property”). This Agreement is between: (1) Unique Stays (“Unique Stays,” “we,” or “us”), acting for itself and for the owner of the Property (“Owner”), and (2) the person who is the responsible booking Guest of the Property (collectively “Booking Guest” or “you”).
By booking your rental of the Property with Unique Stays, you acknowledge that you have read and understand, and agree to be bound by, all terms, conditions, and policies in this Agreement, including any Unit-Specific Terms (collectively, the “Terms”).
Our Cancellation Policy
- 50% Refund: Guests who cancel 30 or more days before check-in will receive a 50% refund of the nightly rate, including all fees.
- No Refund: Guests who cancel less than 30 days before check-in or depart early will be charged the full rate of the initial booking.
The following rental terms will apply to your stay unless superseded by any unit-specific terms and conditions for the property you rent.
Payment Schedule
Reservations made more than 30 days before check-in are charged a 50% deposit at booking; the remaining 50% balance is automatically charged to the same card 30 days before check-in, on the date shown at checkout. Reservations made within 30 days of check-in are charged in full at booking. By booking, you authorize these charges.
Unit-Specific Terms
Certain jurisdictions, resorts, and specific homes require renters to agree to additional terms and conditions (“Unit-Specific Terms”). We will inform you during the reservation process of any Unit-Specific Terms that apply to the rental of the Property. If any provision of Unit-Specific Terms differs from the Terms in this Agreement, the provision of the Unit-Specific Terms will control.
Channel Terms
If you are booking through a third-party marketing channel, your booking may be subject to that channel’s 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 & General Terms
A. Minimum Age. The “Minimum Age” to rent the Property is the age specified in any Unit-Specific Terms. If no age is specified in the Unit-Specific Terms, the Minimum Age is 21 years of age, or the minimum age required by law in the jurisdiction where the Property is located, if above 21. 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 Booking Guest. As the Booking Guest, you agree to be a Guest of the Property for the entire duration of the rental. All other Guests will be family members, friends, 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 Guests present at the Property at any time during your stay, and to ensure that all Guests understand and comply with the Terms.
C. Good-Neighbor Policy. Because the Property is a privately owned home, all Guests must comply with this good-neighbor policy. Please treat the Property with the same care you would use with your own residence and 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 agree to close and lock doors and windows when you are not present at the Property and upon check-out. You and other Guests agree to conduct yourselves throughout your stay in a manner that is respectful of and not disruptive to neighbors, traffic flow, or the community and that will not prompt complaints to Unique Stays from police, neighbors, or neighborhood or homeowner associations. Noise audible outside the Property is prohibited between 10 p.m. and 7 a.m. You and other Guests agree to abide by all applicable parking restrictions and limitations.
D. Maximum Occupancy. The number of people present at the Property may not exceed the maximum posted occupancy unless we have given you advance written permission to hold an event at the Property, in which case the number of people present at the Property may not exceed the maximum number of people authorized by Unique Stays.
E. No Smoking. No smoking, vaping, or illegal drugs are permitted at the Property, including porches, decks and outdoor areas, at any time.
F. No Permanent Residence. You agree that your use of the Property is on a temporary and transient basis only; that you may not use the Property as a permanent residence; and that your permanent residence is and will remain elsewhere than at the Property.
G. Animals. No animals or pets of any kind are permitted at the Property except (1) as specifically authorized in your reservation, or (2) bona fide service animals that we are required by law to allow. Emotional-support animals are not permitted except as authorized pets. Furthermore, you understand that a prohibition on animals is not a guarantee that an animal has not been inside the Property or that the Property is free of animal or pet allergens.
H. Events, Commercial Photography, Structures. Events, commercial photography, and filming are prohibited at the Property without Unique Stays’ express written permission. If approved, additional conditions, agreements, and fees may apply. No tents or other structures may be erected on the property without our express written permission.
I. 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. This criminal-use prohibition extends to the Property’s Internet service, if any, including but not limited to unlawful downloads of copyrighted material, including movies, music, software, or other material. We may cooperate with any investigation of alleged criminal activity that occurred at the Property during your stay.
J. 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 for any reason Unique Stays believes your payment may be refused by the card processor, Unique Stays may ask you for a different form of payment. Upon Unique Stay’s request, you will immediately provide another form of payment and adequate proof that you are the account holder or an authorized user of the account used for payment, such as a government-issued ID that matches the name on the account. Unique Stays may cancel your reservation or remove you and all Guests from the Property immediately if you fail to provide a form of payment that can be validated by Unique Stays. We may share your credit card information and other information about you with law enforcement if we suspect fraud.
K. Consequences of Breach; Charges for Damage. Any failure by you or any other Guests to comply with any of the terms, conditions, or policies above is a breach of this Agreement and may result in a forfeiture of your rights to rent the Property, up to and including immediate removal from the Property without refund and with or without the assistance of law enforcement. Unique Stays may terminate this Agreement for breach, and if you are notified of such termination you agree to leave the Property immediately. In addition, you are responsible for, and you authorize us to bill your credit card on file for the full amount of (1) any damage or loss that occurs at the Property during your stay; (2) a charge of up to $1,000 USD for violations of the pet policy, including for bringing more pets or types of pets other than specifically authorized; (3) an additional cleaning fee of up to $500 USD, or the actual cost of cleaning services if greater, for violations of any of the guest policies above, other than the pet policy, or for excessive cleaning required by the acts or omissions of any Guest during your stay; and (4) any fines issued 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 number of fines, that result from the violation.
If any unauthorized download of copyrighted material via the Property’s Internet service occurs during the period of your stay, you agree that we may share your contact information with the internet service provider or any other party we believe, for any reason, has enforcement rights.
Additional Terms & Conditions
L. Factors Outside Unique Stays’ Control. Unique Stays shall not be liable to you for failure to make the property available for occupancy if the property is unavailable or becomes partially or wholly unusable for any reason outside Unique Stay’s control, including but not limited to adverse weather conditions, natural disasters, mechanical failures, evacuation orders or other acts of government agencies, or utility outages. Unique Stays advises Guests to obtain appropriate and comprehensive travel insurance that covers the Booking Guest and all Guests and that includes coverage for personal injury and property damage or loss. Any travel insurance you obtain shall be primary for all occurrences in which you or any Guest claims injury, loss or damage.
M. Early Check-In/Late Check-Out. Early check-in or late check-out may be available; additional charges may apply. If you do not vacate by check-out time, or late check-out time as agreed by Unique Stays, you authorize us to bill your credit card on file for a late departure fee of up to one night’s rental, and we may remove all Guests and their personal property from the Property.
N. Maintenance or Housekeeping Issues; Property Conditions. The Property is provided as-is, and we are not responsible for the inoperability or unavailability of any amenities. You agree to contact Unique Stays, using the contact information provided in your confirmation email, as soon as you notice any maintenance or housekeeping problem, or any potentially hazardous condition, at the Property, or if any incident occurs at the Property that is related to such a problem or condition. You agree to communicate this information before you check out. You further agree to give Unique Stays a reasonable amount of time to respond to your report and to cooperate with Unique Stays’ efforts to address the concern or provide a remedy. We will take reasonable and appropriate steps to remedy any reported problem as soon as practicable. We may enter the Property at your invitation to remedy any problem you report, at reasonable times and with reasonable notice to inspect, maintain, or repair the Property, and to address any situation that we reasonably deem an emergency that threatens persons or property. You acknowledge that if the Property has access to amenities that are shared with other properties, such as a shared pool, hot tub, parking lot, or fitness center, that the availability and condition of those amenities is outside Unique Stays’ control. You agree that any issues reported after an early or planned checkout cannot negatively influence or impact Unique Stays LLC, in terms of monetary payment or less than 5-star rating, since inadequate time was given to remedy the situation before checkout.
O. Choice of Law; Jurisdiction and Venue; Dispute Resolution.
O.1. Choice of Law. Unless otherwise specified in any Unit-Specific Terms or if a different choice of law is required by the law of the jurisdiction in which the Property is located.
O.2. Class Action and Jury Trial Waiver. The parties agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action. If for any reason a claim proceeds in court rather than in arbitration, the parties waive any right to a jury trial.
P. Limitation of Liability. TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO CASE SHALL THE OWNER OF THE PROPERTY OR UNIQUE STAYS, NOR THEIR AFFILIATES, NOR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, OR OWNERS, BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, OR EXEMPLARY DAMAGES, OR FOR ANY DAMAGES FOR PERSONAL OR BODILY INJURY, EMOTIONAL DISTRESS, OR DAMAGE TO PROPERTY, ARISING OUT OF OR IN CONNECTION WITH YOUR STAY AT THE PROPERTY. 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 UNIQUE STAYS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE AND EVEN IF THE LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
Q. Indemnity. You agree to hold harmless and indemnify Unique Stays, the Owner, and their respective affiliates, for and from all claims for property damage, personal injury, or monetary loss resulting from your actions or omissions, and the actions or omissions of other Guests, during or relating to your stay.
R. Substitution of Property. On rare occasions, due to 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, Unique Stays reserves 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 Unit-Specific Terms specific to the substituted property, shall apply to your stay in the substituted property.
S. Assignment. Unique Stays may assign this Agreement or any of its rights, or delegate any of its duties under this Agreement, at any time without your consent.
T. Each property is equipped with one bath towel per each individual guest booked.
U. Many properties of Unique Stays are in rural and wooded areas. We disclose that booking any of our properties may result in unwanted guest experiences with pests. Our pest control applications reduce the exposure to pests but we fully disclose the fact that pests may appear from time to time at any property.
V. Release of Liability & Assumption of Risk. I acknowledge that all amenities at the Property, including but not limited to gym equipment, pools, hot tubs, saunas, fire features, grills, and outdoor areas, are unsupervised and used at my own risk. I understand that these amenities carry inherent risks, including but not limited to injury, illness, drowning, burns, slips, equipment malfunction, or death. I confirm that I am physically able to use these amenities, will supervise all minors, and will follow all posted rules and safe-use guidelines. I voluntarily assume all risks associated with use of the Property and its amenities and hereby release, waive, and discharge the Property owner, management company, and all affiliated parties from any and all claims, liabilities, damages, or expenses arising from my use of the Property. I further agree to indemnify and hold them harmless from any claims resulting from my actions or the actions of anyone in my party.
Check-out Instructions
Before you go, please take care of a few things so we can prepare the property for our next guests:
A. Check out time is 10am.
B. Leave the property as you found it and all furniture in its original location. A fee of up to $100 will be charged if we have to move furniture or mattresses back into place.
C. Make sure all dirty dishes have been placed in the dishwasher with detergent and the washing cycle has started. If there is no dishwasher, please wash and dry the dishes and place them back where you found them.
D. Make sure all trash is bagged and placed in the outdoor trash receptacles as directed in the Digital Guest Guide.
E. Leave all dirty towels in the bathroom. There is no need to make or strip the beds. Housekeeping will strip and wash all linens after your departure. All bedding MUST remain in the room where it was originally found.
F. Return all TV remotes to remote baskets. If there is no remote basket, place the remotes on the appropriate coffee tables or side tables near the TVs.
G. Please ensure you have all your belongings upon departure. If you leave an item behind, we cannot guarantee its return. If we are able to locate and ship an item back to you, the guest will be responsible for all shipping fees plus a labor/transport fee for our staff.
H. Turn off lights and close all windows, sliding doors, and blinds.
I. Set the thermostat as directed in the digital guest guide for your property.
J. Lock the doors behind you when you leave.
Safe travels! Please visit us again.