Terms and Conditions
Terms and Conditions:
Smith Mountain Lake Vacation Rentals LLC represents the Property Owner / Lessor on said agreement
MULTIPLE OCCUPANCY: It is expressly understood that this agreement is between the Owner and each signatory individually and severally. In the event of default by any one signatory each and every signatory shall be responsible for timely payment of rent and all other provisions of this agreement.
USE: The premises shall be used as a residence exclusively and the number of guests is limited to the online property listing (above the age of two). Exceeding occupancy limits constitutes a breach of this agreement and violates Bedford County / Franklin County regulations. TENANT will lose all rights to lease and said property as well as all monies paid.
PLEASE PROVIDE A LIST OF THE FIRST AND LAST NAMES OF OCCUPANTS AND THE AGES OF THE CHILDREN.
PETS: Pets must be up to date on flea and tick prevention and vaccinations. No pets shall be brought on the premises without payment of the fee to a pet approved property. ______.
VIOLATION OF ‘USE’ AND ‘PETS’: Pets are only allowed in pet friendly properties. Owners must be in control of pets at all times. Damage from pets will result in extra charges. Violation constitutes a breach of contract. Lessee will be evicted from the premises and no monies will be refunded. Pets must always be leashed when off of the property. ______
TRASH REMOVAL & CLEANING FEE: All trash is to be removed on departure and taken to the approved facility. _____ The cleaning fee covers routine cleaning and does not include grill cleaning. Upon checkout tenants are expected to wipe off kitchen counters and stove, empty clean dishes from the dishwasher, scrape grill grates, remove food and wipe out the refrigerator. Return all furnishings to their original positions.Return all furnishings to their original positions.
ORDINANCES & STATUTES: Tenant shall comply with all statutes, ordinances, and requirements of all municipal, state and federal authorities now in force, or which may hereafter be in force, pertaining to the use of the premises. The TENANT agrees to abide by all subdivision rules. No loud or boisterous conduct will be tolerated. The home is intended for the quiet enjoyment of tenants. No homes are to be used as a venue for an event.
MAINTENANCE, REPAIRS OR ALTERATIONS: Tenant acknowledges that the premises are in good order and repair at the time of occupancy unless otherwise reported upon check-in. During the tenant’s stay maintenance needs and repairs are to be reported to the Office Manager immediately upon occurrence, and will be dealt with in a reasonable time frame and manner.
DAMAGE TO PREMISES: If the premises are damaged by fire or from any other cause as to render them untenantable, then either party shall have the right to terminate this Lease as of the date on which such damage occurs through written notice to the other party, to be given within fifteen (15) days after the occurrence of such damage, except that should such damage or destruction occur as the result of the abuse or negligence of Tenant, or its invitees, then owner only shall have the right to terminate. Should this right be exercised by either Owner or Tenant, then rent for the current lease shall be prorated between the parties as of the date the damage occurred and any prepaid rent and unused security shall be refunded to Tenant. If this Lease is not terminated, then Owner shall promptly repair the premises and there shall be a proportionate deduction of rent until the premises are repaired and ready for Tenant’s occupancy. The proportionate reduction shall be based on the extent to which the making of repairs interferes with Tenant’s reasonable use of premises. Virginia law (307.5, 5.1) prohibits the use of grills on decks or covered terraces of multi-unit dwellings.
ENTRY AND INSPECTION: Owner, or his agents, shall have the right to enter the premises (a) in case of emergency, (b) to make the necessary or agreed repairs, decorations, alterations, improvements, supply necessary or agreed services, exhibit the premises to prospective or actual purchasers, mortgages, tenants, workmen, or contractors, (c) when tenant has abandoned or surrendered the premises. Except under (a) and (c), entry may not be made other than during normal business hours and without less than 24 hours prior notice to Tenant. Please be aware that the water level of Smith Mountain Lake does fluctuate due to both weather conditions and flowage of the water through the dam as set by American Electric Power and this may affect the use of the docking facility.
INDEMNIFICATION: Owner shall not be liable for damage or injury to Tenant, or any other person, or to any property occurring on the premises, or any part thereof, or in common areas thereof, unless damage is the proximate result of the negligence or unlawful act of Owner, his agents, or his employees. Tenant agrees to hold Owner harmless from any claims for damages no matter how caused, except for injury or damage for which Owner is legally responsible.
POSSESSION: If Owner is unable to deliver possession of premises at the commencement hereof, Owner shall not be liable for any damage caused thereby, nor shall this agreement be void or voidable, but Tenant shall not be liable for any rent until possession is delivered.
DEFAULT: If Tenant shall fail to pay rent when due or perform any term thereof, the Owner, at his option, may terminate all rights of Tenant hereunder, unless Tenant, within said time, shall cure such default. If Tenant abandons or vacates the property, while in default of the payment of rent, Owner may consider any property left on the premises to be abandoned and may dispose of the same in any manner allowed by law. In the event Owner reasonably believes that such abandoned property has no value, it may be discarded. All property on the premises is hereby subject to a lien in favor of the Owner for the payment of all sums due hereunder to the maximum extent allowed by law. In the event of default by Tenant, Owner may elect to (a) continue the lease in effect and enforce all his rights and remedies hereunder, including the right to recover the rent as it becomes due, or (b) at any time, terminate all of Tenant’s rights hereunder and recover all damages he may incur by reason of the breach of the lease, including the cost of recovering the premises, and including the worth at the time of such termination, or at the time of an award if suit be instituted to enforce this provision of the amount by which the unpaid rent for the balance of term exceeds the amount of rental loss which the Tenant proves could be reasonable avoided. TIME: Time is of the essence of this agreement.
NON-REFUNDABLE DAMAGE FEE: The mandatory $75.00 non-refundable damage fee set forth shall secure the performance of Tenant’s obligations hereunder and is applied to all reservations and will cover damages up to $1000.00. Accidental Damage Fee does not cover pet-related damage. The signing occupant is financially responsible for any damages to a property not covered by the damage fee, whether made by the client, family, guests or pets.
CANCELLATION POLICY: All canceled reservations are subject to a $100.00 cancellation fee plus tax. All cancellations must be received in writing (email is acceptable). If a reservation is canceled with at least 90 days’ notice, payment will be refunded minus the $100.00 cancellation fee plus tax. With notice of less than 90 days of arrival date, no refund will be given unless the dwelling is re-rented for the same amount of time and rate. Every effort is made to re-rent the home; however, if the home does not re-rent, all monies received will be forfeited. Once re-rented, all payments (less cancellation fee and tax) will be returned. Please note: Nonpayment of any deposits or balances due may result in reservation cancellation. If the home becomes unavailable, REALTOR reserves the right to substitute the home for like accommodations.
ATTORNEY’S FEES: In any legal action brought by either party to enforce the terms hereof or relating the demised premises, the prevailing party shall be entitled to all costs incurred in connection with such action, including reasonable attorney’s fees.
WAIVER: No failure of Owner to enforce any term hereof shall be deemed a Waiver. The acceptance of rent by Owner shall not waive his right to enforce any term hereof.
NOTICES: Any notice which either party may give, or is required to give, may be given by mailing the same, postage prepaid, to Tenant at the premises or to Owner at the address shown below or at such other place may be designated by the parties from time to time.
ENTIRE AGREEMENT: The foregoing constitutes the entire agreement between the parties and may be modified only in writing signed by both parties. The following Exhibits, if any, have been made a part of this agreement before the parties’ execution hereof:
DISCLOSURE: Unless otherwise disclosed in writing, all parties acknowledge that the REALTOR is the agent of the LESSOR not the LESSEE. The REALTOR’S fiduciary duties of loyalty and faithfulness are owed to the LESSOR who is their principal. All commissions will be paid by the LESSOR and not the LESSEE. REALTOR assumes no responsibility for personal belongings left on the premises following departure. If we are able to recover items that have been left behind, you may request for the item(s) to be returned by mail. There will be a $20 handling fee, plus the cost of shipping and packaging.
Tenant attests that they are at least 25 years old and agrees to the terms herein.
Smith Mountain Lake Vacation Rentals, LLC
Tim Basham Owner
JK OFFICE MGR.
MULTIPLE OCCUPANCY: It is expressly understood that this agreement is between the Owner and each signatory individually and severally. In the event of default by any one signatory each and every signatory shall be responsible for timely payment of rent and all other provisions of this agreement.
USE: The premises shall be used as a residence exclusively and the number of guests is limited to the online property listing (above the age of two). Exceeding occupancy limits constitutes a breach of this agreement and violates Bedford County / Franklin County regulations. TENANT will lose all rights to lease and said property as well as all monies paid.
PLEASE PROVIDE A LIST OF THE FIRST AND LAST NAMES OF OCCUPANTS AND THE AGES OF THE CHILDREN.
PETS: Pets must be up to date on flea and tick prevention and vaccinations. No pets shall be brought on the premises without payment of the fee to a pet approved property. ______.
VIOLATION OF ‘USE’ AND ‘PETS’: Pets are only allowed in pet friendly properties. Owners must be in control of pets at all times. Damage from pets will result in extra charges. Violation constitutes a breach of contract. Lessee will be evicted from the premises and no monies will be refunded. Pets must always be leashed when off of the property. ______
TRASH REMOVAL & CLEANING FEE: All trash is to be removed on departure and taken to the approved facility. _____ The cleaning fee covers routine cleaning and does not include grill cleaning. Upon checkout tenants are expected to wipe off kitchen counters and stove, empty clean dishes from the dishwasher, scrape grill grates, remove food and wipe out the refrigerator. Return all furnishings to their original positions.Return all furnishings to their original positions.
ORDINANCES & STATUTES: Tenant shall comply with all statutes, ordinances, and requirements of all municipal, state and federal authorities now in force, or which may hereafter be in force, pertaining to the use of the premises. The TENANT agrees to abide by all subdivision rules. No loud or boisterous conduct will be tolerated. The home is intended for the quiet enjoyment of tenants. No homes are to be used as a venue for an event.
MAINTENANCE, REPAIRS OR ALTERATIONS: Tenant acknowledges that the premises are in good order and repair at the time of occupancy unless otherwise reported upon check-in. During the tenant’s stay maintenance needs and repairs are to be reported to the Office Manager immediately upon occurrence, and will be dealt with in a reasonable time frame and manner.
DAMAGE TO PREMISES: If the premises are damaged by fire or from any other cause as to render them untenantable, then either party shall have the right to terminate this Lease as of the date on which such damage occurs through written notice to the other party, to be given within fifteen (15) days after the occurrence of such damage, except that should such damage or destruction occur as the result of the abuse or negligence of Tenant, or its invitees, then owner only shall have the right to terminate. Should this right be exercised by either Owner or Tenant, then rent for the current lease shall be prorated between the parties as of the date the damage occurred and any prepaid rent and unused security shall be refunded to Tenant. If this Lease is not terminated, then Owner shall promptly repair the premises and there shall be a proportionate deduction of rent until the premises are repaired and ready for Tenant’s occupancy. The proportionate reduction shall be based on the extent to which the making of repairs interferes with Tenant’s reasonable use of premises. Virginia law (307.5, 5.1) prohibits the use of grills on decks or covered terraces of multi-unit dwellings.
ENTRY AND INSPECTION: Owner, or his agents, shall have the right to enter the premises (a) in case of emergency, (b) to make the necessary or agreed repairs, decorations, alterations, improvements, supply necessary or agreed services, exhibit the premises to prospective or actual purchasers, mortgages, tenants, workmen, or contractors, (c) when tenant has abandoned or surrendered the premises. Except under (a) and (c), entry may not be made other than during normal business hours and without less than 24 hours prior notice to Tenant. Please be aware that the water level of Smith Mountain Lake does fluctuate due to both weather conditions and flowage of the water through the dam as set by American Electric Power and this may affect the use of the docking facility.
INDEMNIFICATION: Owner shall not be liable for damage or injury to Tenant, or any other person, or to any property occurring on the premises, or any part thereof, or in common areas thereof, unless damage is the proximate result of the negligence or unlawful act of Owner, his agents, or his employees. Tenant agrees to hold Owner harmless from any claims for damages no matter how caused, except for injury or damage for which Owner is legally responsible.
POSSESSION: If Owner is unable to deliver possession of premises at the commencement hereof, Owner shall not be liable for any damage caused thereby, nor shall this agreement be void or voidable, but Tenant shall not be liable for any rent until possession is delivered.
DEFAULT: If Tenant shall fail to pay rent when due or perform any term thereof, the Owner, at his option, may terminate all rights of Tenant hereunder, unless Tenant, within said time, shall cure such default. If Tenant abandons or vacates the property, while in default of the payment of rent, Owner may consider any property left on the premises to be abandoned and may dispose of the same in any manner allowed by law. In the event Owner reasonably believes that such abandoned property has no value, it may be discarded. All property on the premises is hereby subject to a lien in favor of the Owner for the payment of all sums due hereunder to the maximum extent allowed by law. In the event of default by Tenant, Owner may elect to (a) continue the lease in effect and enforce all his rights and remedies hereunder, including the right to recover the rent as it becomes due, or (b) at any time, terminate all of Tenant’s rights hereunder and recover all damages he may incur by reason of the breach of the lease, including the cost of recovering the premises, and including the worth at the time of such termination, or at the time of an award if suit be instituted to enforce this provision of the amount by which the unpaid rent for the balance of term exceeds the amount of rental loss which the Tenant proves could be reasonable avoided. TIME: Time is of the essence of this agreement.
NON-REFUNDABLE DAMAGE FEE: The mandatory $75.00 non-refundable damage fee set forth shall secure the performance of Tenant’s obligations hereunder and is applied to all reservations and will cover damages up to $1000.00. Accidental Damage Fee does not cover pet-related damage. The signing occupant is financially responsible for any damages to a property not covered by the damage fee, whether made by the client, family, guests or pets.
CANCELLATION POLICY: All canceled reservations are subject to a $100.00 cancellation fee plus tax. All cancellations must be received in writing (email is acceptable). If a reservation is canceled with at least 90 days’ notice, payment will be refunded minus the $100.00 cancellation fee plus tax. With notice of less than 90 days of arrival date, no refund will be given unless the dwelling is re-rented for the same amount of time and rate. Every effort is made to re-rent the home; however, if the home does not re-rent, all monies received will be forfeited. Once re-rented, all payments (less cancellation fee and tax) will be returned. Please note: Nonpayment of any deposits or balances due may result in reservation cancellation. If the home becomes unavailable, REALTOR reserves the right to substitute the home for like accommodations.
ATTORNEY’S FEES: In any legal action brought by either party to enforce the terms hereof or relating the demised premises, the prevailing party shall be entitled to all costs incurred in connection with such action, including reasonable attorney’s fees.
WAIVER: No failure of Owner to enforce any term hereof shall be deemed a Waiver. The acceptance of rent by Owner shall not waive his right to enforce any term hereof.
NOTICES: Any notice which either party may give, or is required to give, may be given by mailing the same, postage prepaid, to Tenant at the premises or to Owner at the address shown below or at such other place may be designated by the parties from time to time.
ENTIRE AGREEMENT: The foregoing constitutes the entire agreement between the parties and may be modified only in writing signed by both parties. The following Exhibits, if any, have been made a part of this agreement before the parties’ execution hereof:
DISCLOSURE: Unless otherwise disclosed in writing, all parties acknowledge that the REALTOR is the agent of the LESSOR not the LESSEE. The REALTOR’S fiduciary duties of loyalty and faithfulness are owed to the LESSOR who is their principal. All commissions will be paid by the LESSOR and not the LESSEE. REALTOR assumes no responsibility for personal belongings left on the premises following departure. If we are able to recover items that have been left behind, you may request for the item(s) to be returned by mail. There will be a $20 handling fee, plus the cost of shipping and packaging.
Tenant attests that they are at least 25 years old and agrees to the terms herein.
Smith Mountain Lake Vacation Rentals, LLC
Tim Basham Owner
JK OFFICE MGR.