VACATION RENTAL CONTRACT
This vacation rental contract is a legal agreement between John and Christy Titsworth (also referred to as the “Homeowners” and “Owner” and “Landlord” and “Property Manger”) and you, the Renters (also referred to as “Tenants” and “Guests”). This contract is entered into agreement as of the date when the Renters place their reservation online and the reservation is screened and accepted by the Homeowner. The Homeowner will notify the Renters by email when their reservation is accepted. Owner reserves the right to refuse service to anyone at anytime and for any reason. We fully comply with Fair Housing Law
Mena Vacation Rentals dba Mena Vacation Rentals
THIS PROPERTY IS 2243 Highway 270 MENA AR 71953
1182 Highway 71 South Mena AR 71953
Phone: 479-234-2304 or 479-216-0050
In order to book and hold your reservation, we must receive the deposit and signed rental contract. After we receive the booking a copy of this agreement will be sent for signatures via email using a electronic document signing service. The document must be signed completely before you can consider the rental booked. The deposit of 100% of the rental total is due on acceptance of this contract by owner.
Cleaning & Linen Service Policy:
The home is provided with pillows, linens, blankets, towels, kitchen towels, comforters, hand towels & wash cloths including extras. A cleaning service to clean the house and linens on your departure is included on your invoice. You are responsible that all debris, rubbish and discards are placed in plastic bags and transferred to the large trash can outside, and soiled dishes and cooking utensils are cleaned. Linens, blankets, pillows, bedspreads, comforters and towels are provided. It is standard for beds (except bunk beds are not fully made) to be made for Guests arrival as part of the linen and cleaning service. Be aware that this property is rural and animals may get into trash and make a huge mess if trash is left outside. Bear visits are not uncommon.
The home is provided with a starter set of toilet paper & paper towels. Owners do not guarantee that these extra items will always be available and guests may need to replenish their own paper goods, toiletries, etc.
Arrival inspection: Upon arrival you should check out the entire property and make sure that there is nothing needing attention. Should there be anything out of place, or needing attention you agree to contact us immediately to rectify the situation.
We, the Renters (also referred to as “Tenants” and “Guests”) agree to the following:
1) PAYMENT DUE – All rental monies are due according to the payment schedule disclosed under “Payment Policy” above on reservation acceptance.
2) CANCELATION 30 DAYS or LESS before check-in, Renters will forfeit the total rental. The total rental includes all charges on the paid-in-full invoice. Renter may mitigate this loss by purchasing Travel Insurance or Cancel for Any Reason insurance offered by from a third party provider. CANCELATION 31 DAYS or MORE before check-in, Renters will receive a REFUND of the amounts paid less any travel insurance fee and minus a credit card processing fee of 3.5%. EARLY DEPARTURE – There are NO REFUNDS for EARLY DEPARTURE. You can purchase a cancellation agreement at checkout directly from the owners. However you cannot use the cancellation agreement to recover your money if you cancel inside of 30 days or less from check in.
3) Bad Weather Policy – There are NO REFUNDS for bad weather under any circumstances, even if a mandatory evacuation is ordered (optional travel insurance is offered for Renters protection or Renter may obtain through a third party. Renter ASSUMES THE RISK).
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”. Our cleaning staff will have cleaned it 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 tradesmen attend to the problems but may not be able to fix everything over holidays and weekends. Under no circumstances will any of the rental money be refunded or returned because of the condition of the house. The Guest agrees to hold the Owner harmless from any liability for the condition of the house. Due to the nature of rural properties. Use at your own risk.
5) CLEANING & REPAIRS: All homes have cleaning included in the total price paid. Please note that cleaning does not include dishes & cooking utensils. If additional cleaning is required after you leave, it will be charged to your credit card. 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 off premises.
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 immediately prior if possible and immediately thereafter. For inventory and maintenance purposes a property management 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 at the Guests expense.
7) ACCIDENTAL DAMAGE INSURANCE – Renters will be completely responsible for any and all damage to the home or property caused by Renters, whether accidental or due to Renters negligence.
8) USE OF EXTRAS – Renters understand that additional services, including extra fireplace gas will be an additional charge.
9) ASSUMPTION OF RISK: Use of the property is at the guests own risk and the owner assume no responsibility for accident or injury. Renters will hold the Owners harmless from any and all bodily injury and/or property damage incurred on the property arising out of Renters’ negligent acts or omissions. See disclaimer below.
10) 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 ocean, pool, adjacent street, cleaning supplies in the house and plants in the house, patio and on the street, that might be poisonous if ingested. A bunk bed with ladder exists at the property and you agree and understand that use of this bed is at the RENTERS RISK. Renter agrees to hold OWNER harmless from any issues or liability incurred from the use of the bunk bed.
11) FURNITURE: All furniture must be returned to its original location on Guest’s departure or an additional charge will be made. You are not permitted to move the furniture at any time.
12) MISSING ITEMS – Renters will be charged for any missing items reasonably attributable to Renters and not returned after notification. The cleaning service performs an inventory/survey of the property after Guests depart and notifies the Owner of any missing items. Owner will notify guests in the event that items were inadvertently taken, and provide guests the opportunity to return the missing items. If owner must replace any items the cost shall be the actual cost of the item, plus installation fees (if required) plus 20%.
13) USE OF SECURITY CAMERAS – Renters 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.
14) 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. Any personal property that belongs to any Guest shall be deemed lost if the Guest does not claim it within 24 hours after checkout.
15) WELL WATER and SEPTIC SYSTEM. The property is on a well and uses a rural septic system. These are in good working order. If there is a problem with either, please let the owners know as soon as possible.
16) NO PARTIES – This is not a party house. The Renter 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.
18) 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 renter for smoke cleanup and removal from carpeting, AC ducts & filters and furniture. This type of clean up is expensive and Renter is Liable for the deep cleaning Costs incurred. Renter will be charged the actual amount of the deep cleaning.
19) PET POLICY: One dog is permitted as long as you agree to pay $75 at checkout which is non-refundable under any circumstances if you bring the dog. Prior arrangements can be made with the Owner if you want to bring additional dogs. Should there be any damage to any part of the property, there will be a $1,500 minimum fee (or actual damages if higher) charged to your credit card. By signing this agreement you agree to pay $1,500 to the OWNERS plus any additional fees incurred to repair the damage. No special provisions have been made at this property to accommodate animals of any kind. You should bring your own kennel and bedding. It is at the sole discretion of the owner to determine if the pet caused the damage. Any dog is required to have flee and tick control applied three days prior to your check in date. You are responsible for the cleanup of any pet waste in or on the property. Additionally, you agree that any damage caused by your pet(s) to a neighbors property will be the RENTERS sole responsibility. Please understand that this property is located on a US highway and if your dog(s) wander into the road and get killed, we are not liable under any circumstances. We love cats, but they are simply not allowed because of future guests potential allergies to them.
20) MAXIMUM OCCUPANCY – is 7 adults or 4 adults and up to three children. Guests of guests are permitted so long as the total number of guests does not exceed the maximum occupancy of the cabin. NO PARTIES.
21) PARKING – Parking is available at the property at no charge. Several cars or trucks with trailers can park at the rental.
22) 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.
23) CHECK-IN & CHECKOUT – Check-in is at 3:00 PM and checkout is 11:00 AM. A late checkout is subject to extra rental charges at the rate of $100/hour after a grace period of 30 minutes. Guests may arrange for extra nights in advance to avoid any late checkout fees. Extra nights are charged at the daily rate and may be granted if available. 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 $150 for this service. PLEASE checkout promptly, the cleaning crews have a very short time window to prepare the unit for new guests.
24) CHECK-OUT PROCEDURES – Renters are responsible to complete the check-out procedures in the provided guest package that includes a check out list and to insure that the keys (if provided) are placed back in the home.
25) HOLDING OVER: Because of the nature of Owner’s business (short term winter and summer recreational rentals) Guest understands, and is hereby put on notice that any unauthorized “holding over” of the property past the stated rental period could severely jeopardize Owners business and cause loss of rental income from other previously booked guests, temporary and/or permanent loss of business, goodwill and reputation and, among other things, could force Owner to breach an agreement with similar short term summer and winter recreational Guest(s) who may have reservations during Guest’s unauthorized “holding over” period. In the event, Owner may be legally liable in damages to said other guests. Guests should be aware that unauthorized “holding over” has been construed as a factor in establishing “malicious continuing occupation” of rental property, which may entitle Owner to treble damages in any unlawful detained action. Guest also recognizes the unauthorized “holding over” could be grounds in court as a cause of action for intentionally interfering with Owner’s prospective business advantage. In addition, we will charge $100.00 an hour past 11:30 a.m. on day of check out.
26) 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. Guest specifically waives and make inapplicable to this lodging the provisions of Arkansas landlord/tenant Law.
29) REMEDIES: In the event of a default to the Rental Agreement, particularly, but not limited to Guests unauthorized “holding over” or those acts mentioned above in this agreement, and in addition to all other rights and remedies Owner may have at law, 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 Arkansas 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.
30) 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.
31) 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.
32) 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.
33) FORUM SELECTION, JURISDICTION, LAW AND VENUE– The parties agree to the exclusive jurisdiction and venue of the District Court of the State of Arkansas for Polk 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 the County of Polk, Arkansas. 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 Arkansas only, irrespective of the state of residency of Guest.
Renters understand that the Homeowners are not responsible for any personal injury caused by slipping on wet pavement or surfaces, and that tenants are responsible for exercising care when surfaces are wet or slippery due to weather or use of hoses to wash down areas, and further, that the homeowners are not responsible for any personal injury or loss or damage to tenants’ property caused directly or indirectly from foul, inclement weather conditions, Acts of God or nature, failure of heat, accidents related to fire, heaters, stoves, tenants’ failure to take adequate precautions around wet areas, or any unforeseeable circumstances. Wi-fi can be interrupted by weather and power outages are common during bad weather.
Reviews that are not favorable to the property can potentially cause undue harm to the owners of the property or properties covered in this agreement. Renters agree that reviews of the property that denigrate the property may harm the owners and can potentially cause loss of revenue. Renters also agree that circumstances beyond the owners control that result in a bad review will not be left on any website, or reported in any fashion, orally or written. Reviews are a two way system on VRBO and other sites. Therefore be considerate of this system when leaving unfavorable reviews. We strive to earn your business and repeat business. If there are things that you are not pleased with, don’t hesitate to contact us immediately to rectify the issues. Remember that no property is perfect for every guest
Under no circumstances will Tenants or their guests 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 Renters and all guests in the Renters’ party.
Its is acknowledged and understood that the owners or managers of the property are licensed real estate agents or brokers in the State of Arkansas.
I, the Renter, have read, understand, agree to, and will abide by this rental agreement and all conditions stated herein.
If you don’t understand this rental agreement please consult your lawyer.