Terms and Conditions of Rental and Liability Waiver
This contract constitutes an agreement between the Guest(s) and Hocking Hills Cabins and Resorts (HHCR) and or its Agent(s). The restrictions, conditions and limitations described below are included as part of this agreement.
1. The Guest(s) understands that the accommodations are privately owned, furnished by the owner and are as advertised on a network of websites. HHCR or Agents are not required or obligated to provide additional furnishings or equipment.
2. Cancellation Policy: Reservations cancelled with 30 -15 days notice prior to the reservation date are subject to a $100 fee. Any reservation cancelled within 14-7 days notice prior to the reservation forfeits the 50% deposit. Any reservation cancelled with less than 6 days notice forfeits the entire reservation. No shows are subject to entire rental fees. Cancellation policy applies to ALL reservations including last minute bookings. No Refunds for early departure. No cancellations or refunds due to inclement weather, acts of God, or for mechanical failures out of our control. No refunds will be issued for disruptions of any utilities including but not limited to: power outages, water outages, etc. These failures are beyond our control and no refund or rent reduction will be given. SORRY, NO EXCEPTIONS.
3. HHCR & its Agent requires the Guest be 25 years or older to rent. Reservations are not allowed on behalf of a third party unless prior approval is given. A state recognized photo id and valid credit card belonging to the guest named on the reservation are required to book a reservation. HHCR & its Agent reserve the right to refuse service if requirements are not met.
4. Many properties have special amenities on the property or access to special amenities including, but not limited to: decks, spas, hot tubs, saunas, pond, swimming pools and Jacuzzis. Unless otherwise posted, Guest is allowed reasonable use of these amenities during Guest’s rental period. The Guest recognizes that there are inherent risks in the use of these amenities which may include personal injury and property damage. Guest agrees to use the amenities in a safe manner and follow any instructions regarding the use of the amenity. Guest recognizes that there are risks to children in the use of many of the amenities provided with the property. Guest recognizes that there are risks to the use of any of the amenities provided if they are used in a manner for which they were not designed. The Guest further recognizes that the use of these amenities may be UNSAFE if: used for an extended period of time; used by individuals who are pregnant or who may be pregnant; used by individuals while under the influence of drugs, alcohol or medication, or; used by individuals with certain health risks. The Guest acknowledges and assumes all risks for the use of any amenity provided with the rental property and the Guest further agrees that the Guest is wholly responsible and liable for any injury or damage to persons or property as a result of their use of the amenities provided with the property. Guest further agrees to indemnify, save, protect, defend and hold harmless HHCR and its Agent of the property for any damages, costs or attorney’s fees incurred as a result of any injury or damage form the use of the amenities. The Guest agrees to assume sole responsibility in relation to these risks and Guest agrees Guest is responsible and liable and will pay agent upon request for any damages to these amenities caused by Guest’s misuse or negligence.
5. Guest agrees to indemnify, save, protect, defend and hold harmless ERC, its agents or assignees, and the owners of the property for any and all claims, actions, suits, demands, damages and costs relate to defending the same, including attorney’s fees incurred as a result of any injuries to person or damages to property, including any damages that are the result of negligence of HHCR and its agents or assignees; any damages that are the result of HHCR and its agents or assignees, and the owners of the property being sued for as a result of the acts or omissions of Guest or arising out of the acts or omissions of Guest.
6. The Guest understands that each unit is self-catering, which is defined as having a start- up supply of soap, toilet paper and trash bags and the Guest is responsible for their needs after that. Kitchens are equipped with basic cooking items (dishes, silverware, pots, pans, coffee makers, microwaves). HHCR offers no extra towels or maid service during your reservation period.
7. HHCR and its staff or agents reserve the right to enter the rented properties at any time with proper notice provided, with or without Guest’s consent to inspect property or perform routine maintenance as needed.
8. All of our properties have Occupancy Limits as stated and on your reservation. These limits include adults and children and if you have more than the allowed occupancy limits staying in the rental property you may be asked to LEAVE without a refund.
9. Our properties may have a private area or closet with supplies. If you attempt to break into the areas or any other are marked as Private you will be charged for breaking and entering private property.
10. Pets are not permitted within the cabins. If pets are found occupying the property without authorization, Guest will be asked to leave without a refund. Pet waste removal and pet damages will be charged accordingly to the card on file upon Guest departure.
11. Each property is inspected by our agents prior to your check in and upon your check out and an inventory is taken. Any missing items, broken items, smoking, unauthorized pets, excessive cleaning, soiled/stained/missing linens, or trash removal will be billed to the credit card on file. In addition, HHCR will charge your credit card for the following items: $75.00 minimum charge for lock outs and $25.00 for lost key replacement. If the property is left in an unacceptable condition your departure photographs will be taken and a minimum of $100.00 will be charged as an excessive cleaning charge. Hot tubs are inspected and cleaned after guest departure. If any items such as food, alcohol, soaps, bath products, etc. are found in the hot tub or if excessive cleaning is required for the hot tub that leads to having to drain, refill and add chemicals to the hot tub (at our discretion) there will be a charge of $145.00. A $250.00 minimum fee is charged if any evidence of smoking inside the property is noted. Any damaged or missing property and landscaping will be charged at the actual cost of replacement or repair.
12. The Guest must observe any no trespassing signs for any adjacent properties and must not obstruct access to adjacent properties. Abusive or illegal behavior is not tolerated and you will be asked to leave without a refund if you choose to ignore local rules and regulations. Guests are asked to be respectful of neighboring cabins on the property.
13. Wireless/Wired Internet Access: The wifi service, where available, is provided on an as is and as available basis, without warranties of any kind. HHCR does not warrant that the services will be uninterrupted, error free or free of viruses or other harmful components. HHCR makes no express warranties and customer waive all implied warranties including, but not limited to, warranties of title, non-infringement, merchantability, and fitness for a particular purpose regarding any merchandise, information or service provided throughout the provided connection or the internet generally. Guest expressly acknowledges that there are and assumes all responsibility related to the security, privacy and confidentiality risks inherent in wireless communications and technology and HHCR does not make any assurances or warranties relating to such risks. No advice or information given by HHCR or its agents shall create a warranty.
WAIVER, RELEASE, AND INDEMNITY AGREEMENT
I have read and agree with every statement I make in this document. I understand and agree that I am receiving good, valuable and sufficient consideration for the promises I make in this agreement. I understand that I wish to rent the property described below (the Property) during the rental term stated in my separate rental reservation form.
I AGREE TO WAIVE AND RELEASE, UNCONDITIONALLY AND GENERALLY, AND TO INDEMNIFY, SAVE, AND HOLD COMPLETELY HARMLESS HHCR AND IT’S AGENTS, AND EACH AND ALL OF ITS OWNERS, DIRECTORS, OFFICERS, AGENTS, EMPLOYEES, AND AFFILIATED PERSONS AND ENTITIES (COLLECTIVELY) FROM AND AGAINST ANY AND ALL LIABILITY, DAMAGES, LOSS, CLAIMS, DEMANDS, OR ACTIONS OF ANY NATURE WHATSOEVER, RELATED IN ANY WAY TO ANY CLAIM OR PERSONAL INJURY, PROPERTY LOSS, OR DAMAGE OF ANY KIND WHATSOEVER, IN WHATEVER AMOUNT , WHICH MAY BE ASSERTED BY MYSELF OR BY ANY PERSON WHO USES OR CUUPIES THE SUBJECT PROPERTY DURING MY RENTAL TERM, OTHER THAN INDEMNITEES, WHICH MAY ARISE, OR WHICH MAY BE CLAIMED TO ARISE, OUT OF OR IN ANY WAY CONNECTED WITH MY OR HIS OR HER PRESENE ON OR USE OF THE PROPERTY, OR RELATED TO ANY CONDITION OR OCCURRENCE RELATING TO ANY FIXTURES, FURNISHINGS OR PERSONAL PROPERTY LOCATED ON OR ASSOCIATED WITH THE PROPERTY. I SPECIFICALLY AGREE THAT THIS WAIVE, RELEASE, AND INDEMNITY WILL REMAIN EFFECTIVE EVEN IF ANY SUCH INJURY, LOSS, OR DAMAGE SHALL BE CAUSED, IN WHOLE OR IN PART, BY THE NEGLIGENCE OR FAULT OF INDEMNITIEES, OR ANY OF THEM, OR BY ANY OWNER, RENTER, OR OTHER USER OF THE PROPERTY, AT ANY TIME.
I recognize and agree that my use of the Property will involve certain inherent dangers, such as climbing or descending steps or staircases, use of equipment, appliances and electronic connections and devices, proximity to glass and other breakable objects, conditions of property apparent or not apparent, activities of guests and other persons who may enter the property, of any and all kinds, anticipated or unanticipated. In consideration for the right to use the Property and enjoy its improvements and furnishings and associated personal property, I recognize and agree that I am assuming all risks of illness, injury, loss, or damage including catastrophic loss or death. I agree that the INDEMNITEES described above shall have absolutely no responsibility for my use of the Property and its premises, or for any conditions of the Property, real or personal. I hereby unconditionally accept full and sole responsibility for my presence on and use of the Property.
I understand that SMOKING IS NOT ALLOWED inside the property. Smoking also covers electronic cigarettes.
I understand that the credit card on file will be used for any incidental charges.
I UNDERSTAND BY MAKING A RESERVATION, I AM STATING I HAVE READ, FULLY UNDERSTAND, AND AGREE WITH THE PROVIDED TERMS AND CONDITIONS OF RENTAL AND LIABILITY WAIVER.