Terms and Conditions

We, the Guests agree to the following:
1) PAYMENT DUE: All rental monies are due according to the payment schedule disclosed under "Payment Policy" on reservation acceptance.

2) CANCELATION:
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 14 full days prior to listing's local check-in time.
For a 50% refund of the nightly rate, the guest must cancel at least 7 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 7 days in advance or decides to leave early after check-in, the nights not spent will not be refunded.
A full or partial refund may be granted if all or some of the cancelled dates are subsequently booked by another guest.

3) EARLY DEPARTURE: There are NO REFUNDS for EARLY DEPARTURE.

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". 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 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 house has not been cleaned to normal standards please notify the Owner 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 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 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.

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 prior if possible. For inventory and maintenance purposes an 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: Guests will be completely responsible for any and all damage to the home or property caused by Guests, whether accidental or due to Guests negligence.

8) ASSUMPTION OF RISK: Persons accessing the river do so at their own risk and the Owner assumes no responsibility for accident or injury. No one should swim alone. Guests will hold the Owners harmless from any and all bodily injury and/or property damage incurred on the property arising out of Guests' 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 river, adjacent street, cleaning supplies in the house and plants in the house, patio and on the street, that might be poisonous if ingested.

10) MISSING ITEMS: Guests will be charged for any missing items reasonably attributable to Guests and not returned after notification. Owner will notify guests in the event that items were inadvertently taken, and provide guests the opportunity to return the missing items.

11) USE OF SECURITY CAMERAS: Guests 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 house.

12) 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.

13) NO PARTIES: This is not a party house. The Guest 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.

14) NON-SMOKING: This is a NON SMOKING vacation rental. Evidence of smoking, 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 & filters and furniture. This type of clean up is expensive and Guest is liable for the deep cleaning costs incurred.

15) PETS. Unless permission is explicitly granted, pets are not allowed on the property. If you bring a pet(s) without permission, this rental agreement will be forfeited, terminated and deposits will be retained and a deep cleaning fee will apply.

16) 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.

17) CHECK-IN AND CHECKOUT: Check-in is at 3:00 PM and checkout is 11:00 AM. Early check-in or late check-out in may be granted upon request if possible. 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 $75 for this service. Please checkout promptly, the cleaning crews have a very short time window to prepare the unit for new guests.

18) 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.

19) REMEDIES: In the event of a default to the Rental Agreement 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, costs and damages occasioned thereof, and no such re-entry shall be considered or construed to be a forcible entry as defined in the West Virginia 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.

20) 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.

21) 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.

22) 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 never the less continue in full force.

23) FORUM SELECTION, JURISDICTION, LAW AND VENUE: The parties agree to the exclusive jurisdiction and venue of the District Court of the State of West Virginia for Jefferson County 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 Jefferson County, West Virginia. 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 West Virginia only, irrespective of the state of residency of Guest.

DISCLAIMER:
Guests understand that the Homeowners are not responsible for any personal injury or loss or damage to Guests' property caused directly or indirectly from foul, inclement weather conditions, Acts of God or nature, failure of heat, accidents related to fire, heaters, stoves, Guests' failure to take adequate precautions around wet areas, or any unforeseeable circumstances. Under no circumstances will Guests or anyone in the Guest's party 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 all guests and everyone it the guest's party.

Contact

Potomac Adventure
Cathy Gray / Potomac Adventure
800 Washington Street
Harpers Ferry WV 25425
+13048043204