Berkshire rental Properties Terms and Conditions:

Terms and Conditions

ROLE OF BERKSHIRE HOME CREATIVE LLC AND BERKSHIRE RENTAL PROPERTIES:  Berkshire Rental Properties is a wholly-owned subsidiary of Berkshire Home Creative LLC (Hereinafter BRP and BHC LLC, respectively). Guest agrees that the role of BRP/BHC LLC with respect to the House is only to act as liaison between Guest and the Homeowner. The Guest will direct all inquiries or reports concerning the House directly to the Homeowner or its on-call contact. BHC LLC and BRP assumes no responsibility or liability for any of the obligations assigned to either the Homeowner or the Guest herein.  Further and specifically, BHC LLC and BRP assumes no responsibility or liability for any defective or dangerous conditions on/in the Rental Property arising at any time before, during, or after the term of this Lease Agreement.

Renter Requirements: For legal and accounting purposes, the person placing the reservation must be the same as the credit/debit card holder. This person is considered to be the Guest. All other persons involved with the rental are considered to be the Guest’s invitees and all discussion regarding reservation, cancellation, and damage policies will be discussed with the Guest, not the Guest’s invitees. The Guest understands that BRP/BHC LLC rents to responsible adults over the age of 25 ONLY. The Guest must sign the rental Agreement, shall provide their personal email address, cell phone, and mailing address. BRP shall be permitted the share the contact information with the homeowner, the caretaker, the housekeeper (if applicable) and within the BRP office only. BRP shall not share personal information with anyone or any entity NOT pertaining to the rental. Guest agrees to pay all applicable state and/or local taxes required within the online booking system. In the event the state and/or local tax increases after the time of booking the Guest agrees to be charged for the increased amount. If the state and/or local taxes become lower BRP agrees to remit the difference promptly following departure.
Guest Consent: Guest understands and consents to the use of Guest’s credit card provided without original signature on the credit card slip, that an email of this agreement may serve as original credit card slip, and that the credit card authorization cannot be revoked and will not be terminated until the Guest’s use of accommodations has been terminated and all outstanding charges have been settled.
A Fully Refundable Security Deposit shall be collected and no portion may be applied to additional rental time, taxes, fees or other charges accrued by the Guest/ Invitees. All the properties are inspected before and after each reservation. The entire deposit will be refunded if (1) no damage was done to the property other than reasonable wear and tear, (2) all keys, including garage door clicker (if applicable) are accounted for, (3) no items were missing, (4) all check out procedures were followed, (5) all Rental Agreement policies were followed, (6) no miscellaneous charges were incurred, i.e., unpaid rental fees in the event of an extension, unauthorized pets, additional cleaning fees, or other unforeseen charges. No refunds or considerations are given unless the on-call contact or BRP has been notified of the concern during your stay. It is the Guest’s responsibility to notify the on-call contact or BRP in the event that there is damage caused by the Guest/invitees. Guest will be responsible for damage that occurs during your stay, per the Damage Policy above.
PRIOR TO DEPARTURE TENANT AGREES TO:
a.  Remove all dirty dishes, pots and pans from the kitchen and dining area, place in dishwasher, and start it. Anything that does not fit in the dishwasher or is not dishwasher safe shall be done by hand and stacked to dry. Tenant agrees to leave the Vacation Rental “broom clean”.
b. Remove all food brought in by tenant.
c. Tenant agrees to leave all used beds unmade prior to departure.
d. Kitchen trash, along with diapers or unsightly/odorous items must be removed from the Vacation Rental  and put in sealed plastic bags and placed in the garbage cans provided.
e. Tenant will leave key and garage door opener(s), as applicable, as instructed by the Homeowner, info packet or agreed location or incur key replacement fees.
f. All furniture will be returned to its original position, as best as possible. If heavy furniture is moved, but not replaced, Tenant will be charged for time and manpower to replace the furniture.
g. Tenant will pick up any smoking debris from the yard or outdoor area prior to departure. Smoking is strictly prohibited in all BRP Vacation Rentals.
h. Tenant agrees to keep the lawn areas free of pet debris – pets are not permitted unless disclosed to BRP, and approved with a paid pet fee, prior to arrival.
I. Glitter,  play slime, and confetti are not allowed at any property inside or outsidePOOL AND SPA:

Guest agrees follow the explicit guidelines for pool and spa use located in the welcome binder inside each rental property.  Pool heat shall not exceed 86 degrees and hot tub shall not exceed 102 degrees unless agreed to in writing. Guest understands that the area surrounding pool and spa may not be fenced or secure. Guest understands and agrees to be responsible and liable for any damages that occur to the pool and spa and its support equipment through Guest misuse and/or negligence. Guest is entitled to use the pool, spa, and any/all amenities and appliances only at Guest/Invitees own risk.  The Homeowner does NOT provide supervision for any usage of these Amenities and Appliances and neither assumes any responsibility or liability for any death, injury or damage caused during or because of their use.
TV/CABLE/INTERNET/SATELLITE: No refund shall be given for number of devices, outages, content, or lack of content or personal preferences with regard to cable/internet/satellite service. Services are provided as a convenience only, and are not integral to this agreement. No refund shall be given for outages, content, lack of content, speed, access problems, lack of knowledge of use, or personal preferences with regard to service.
Guest shall honor the standard check in and check out times clearly stated on the Rental agreement unless other arrangements have been confirmed. Every effort will be made to accommodate requested adjustments, which will always be based upon the housecleaning and rental turnover schedule. If Guest does not have a confirmed late check-out AND your Rental Property has not been vacated within 3 hours of your scheduled departure time AND the cleaning crew is delayed in their work, a fee equal to the rental rate of 2 ½ days may be assessed.

CHANGE IN NUMBER OF GUESTS/CONDUCT OF GUESTS: Guest agrees that more than the number of people stated on the reservation shall not occupy the premises without explicit and written confirmation that additional guest are permitted. The rental is not intended for parties, nor large gatherings of any kind, and is limited to those who have paid to occupy the property. Exceptions are made on an individual basis – please contact BRP for further inquiry. If there is excessive noise or music, any illegal activity, or evidence of violation of these policies, you may be asked to vacate the premise without any refund and additional charges may be assessed.

CLEANING FEE: Your Vacation Rental will be cleaned and ready upon arrival. Your pre-paid cleaning fee and pet fee (if applicable) covers your departure clean. Guest acknowledges and authorizes that if additional cleaning is required beyond the total of what you have paid in order to bring your Vacation Rental back to arrival condition, the difference will be presented to the Guest, in writing, and charged to your credit card. The Guest can expect that the Rental Property shall be clean, maintained, and prepared prior to arrival. The Guest is notified that there may be lead paint present inside on on the exterior of any home built prior to

SMOKING: Smoking is NOT permitted in any BRP Property. Smoking is allowed outside as long as butts and ashes are not left behind. Discard the butts and ashes in the outside garbage. Do not throw butts on the ground (including the fire pit, if applicable) or bring them into the Property. If there is any tobacco or other smoking substance smell following your departure, there will be a minimum $250 charge. If this policy is violated, there may be added charges for additional professional cleaning.

Pets are permitted on a per-pet basis and must be disclosed and approved and will incur a taxable pet fee. Some Vacation rentals do not permit pets so please check your listing carefully. Pets that are not disclosed or are brought to a non-permitting Rental Property shall be charged additionally for all follow up cleaning including all bedding, deep clean and/or professional cleaning of all upholstery. Unauthorized occupancy of pets may result in immediate eviction and loss of all rents and deposits. Guests agree to the following pet rules:
1) All waste must be picked up, tied securely in trash bags, and placed in the garbage cans provided.
2) No pets in the hot tub, bath tub, or pool (as applicable).
3) Pets should not be left unattended for long periods of time, or they should be crated.
4) Damage and additional cleaning (due to pets) beyond what was originally secured may result in additional charges.

DOWN PAYMENT/ PAYMENT: A reservation can be made with a 50% down payment paid by credit card or by check when the reservation is made. Full payment is charged 14 days prior to scheduled arrival date. If a check (payable to Berkshire Home Creative, LLC) is not received by the due date, the balance will be charged to your credit card. The credit card must have an expiration date that extends beyond your stay. If a reservation is made less than 14 days prior to arrival, full payment is due when the reservation is made. If the Guest has no Visa, Master Card, or Discover Card, a cash payment can be arranged which may include a refundable security deposit, if applicable – see Damage Policy below. This security deposit will be returned within 10 business days of the departure date, provided there is no breakage or damage to the premises and/or contents, there are no international phone or pay-per-view charges, no additional cleaning costs, and all other rules of this agreement are adhered to. A $35.00 service charge will be incurred for any returned checks.
BALANCE PAYMENT: If no other payment is received 14 days prior to arrival, we will automatically run the balance on the credit card on file. Balance is due no later than 14 days prior to your arrival date. We can keep the balance payment on the same credit card used for the initial payment, you can call with a different card, or decide to send a check, to be received at least 14 days prior to your arrival. Please send your check with a signed copy of the rental agreement OR clear notation of the name of the property, name of Guest and date of arrival. NOTE Guest /invitees shall not have access to the Property without payment in full prior to arrival. No Exceptions.
CANCELLATIONS:  In the event Guest needs to cancel, Guest shall provide notice to BRP, in writing (email is fine) and BRP will make best effort to recoup what has been paid to date, to re-rent the Rental Property on Guest’s behalf, less a 20% re-booking fee, which is applied to the full room rate amount. Once the reservation is cancelled, Guest may not “reclaim time”. Rather, Guest may secure dates at the current advertised rate, along with all appropriate taxes, fees, and the refundable security deposit. BRP does not guarantee the ability to re-rent the Rental Property on Guest’s behalf. This loss can be avoided if Travel Insurance is purchased. Rental Guardian
insurance is offered through Berkshire Rental Properties, but any valid Travel insurance policy is acceptable. For more information please see the above section titled: Travel Insurance or look at Travellnsurance.com
Travel Insurance: Berkshire Home Creative LLC has partnered with RentalGuardian.com to help safeguard your booking deposit and other pre-paid non-refundable payments related to planned travel. We strongly encourage you to purchase optional travel insurance. ✓ Travel Insurance covers risks incidental to planned travel such as sickness, accidental injury, or death of you or a family member (or of a traveling companion), weather delays, natural disasters, unexpected changes in your employment, and many more specified reasons. ✓ In addition, for an additional charge, you can choose the optional CFAR benefit which pays up to 60% of pre-paid non-refundable charges should cancel for any reason not covered by standard travel insurance. ✓ The standard travel insurance coverage costs 7% of your total reservation invoice amount; if you include the optional CFAR benefits, the coverage cost is 9.8% of your total reservation invoice amount. The premium charged for travel insurance is generally non- refundable after 15 days of coverage purchase. As a covered traveler, should you have a medical issue or experience trip delay or interruption due to unforeseen developments, you may initiate your claim by calling (833) 610-0736. For more information, please visit https://berkrentals.rentalguardian.com/  or consult your coverage documents. NOTE: Cancel for any reason (CFAR) is not currently available to residents of New York, Washington, or US Territories so please select the alternative plan.

UNAVAILABILITY: For any reason beyond the control of BRP/ BHC LLC, the Rental Property become unavailable, Management may substitute a comparable unit or cancel this Agreement and refund in full all payments made by Guest.
DAMAGE POLICY: If a security deposit has been collected no portion may be applied to additional rental time or fees or other charges accrued by the Guest/ Invitees. The entire deposit will be refunded if (1) no damage was done to the property other than reasonable wear and tear, (2) all keys, including garage door clicker (if applicable) are accounted for, (3) no items were missing, (4) all check out procedures were followed, (5) all Rental Agreement policies were followed, (6) no miscellaneous charges were incurred, i.e., unpaid rental fees in the event of an extension, unauthorized pets, additional cleaning fees, or other unforeseen charges. As a condition to the rental of {reservations.unit_name}, BHC reserves the right to charge the Guest’s credit card for any and all uncovered Guest/Invitee caused losses and/or damages sustained to the Rental Property. In the event of uncovered loss or damage to the Rental Property caused by Guest/Invitees, including but not limited to, additionally required cleaning, eviction, service calls, service charges, time/calls for estimates, repairs or replacements, plus all applicable taxes, BHC is hereby granted the right to charge the Guest’s credit card. An itemized statement outlining any/all associated costs will be sent via regular or electronic mail to the address submitted by the Guest at such time as the reservation was booked. By written or electronic endorsement of this Agreement, the Guest hereby agrees to pay for all such charges, as defined herein. NOTE: BHC strives to be as fair as possible to all parties (the Homeowner and the Guest) in the rare event that there is a Damage claim.
POWER OUTAGES AND INTERRUPTIONS: The Berkshires are a mountainous region and power may be intermittent or disrupted due to natural causes and/or unforeseen circumstances not having to do with the Rental Property and are therefore not guaranteed. NOTE: In most circumstances the power is quickly restored.
WINTER CONDITIONS: Every effort will be made to have the driveway and walkways clear of snow before your arrival. A shovel is provided should you need it during your stay. Please be cautious when there are icy conditions. During the winter months, all-wheel drive, 4-wheel drive and snow tires recommended for some Berkshire locations. Homeowner is not responsible for Guest access to driveway beyond routine plowing and sanding as needed.
HOUSE ALTERATIONS: Tenant shall make no alterations, additions or improvements to the House (including the application of paints, stains, nails or screws to the woodwork, walls, floors or furnishings) without first obtaining the express written consent of the Homeowner.
INSURANCE: Tenant acknowledges that the Homeowner’s insurance may not cover personal property damage caused by fire, theft, rain, war, acts of God, acts of others, and/or any other causes, nor shall the Homeowner be held liable for such losses. Tenant is hereby advised to obtain his or her own Renter’s insurance policy to cover any personal losses.
ENTRY FOR REPAIRS OR SHOW: The Homeowner and its agents shall have the right to enter the House at all reasonable times for the purpose of inspecting the property and/or showing the same to prospective tenants or purchasers, and to make such reasonable repairs and alterations as may be deemed necessary by the Homeowner for the preservation of the House or the building and to remove any alterations, additions, fixtures, and any other objects which may be affixed or erected in violation of the terms of this Lease Agreement. The Homeowner or its agents shall give reasonable notice of intent to enter House except in the case of an emergency. If the house is actively on the market for sale. The Homeowner or its agent will give Tenant a minimum or 48 hours notice and will work with the tenant to the best of their ability to allow a showing during the rental period.
QUIET ENJOYMENT: The Tenant shall be entitled to quiet enjoyment of the House for the term of this Lease Agreement provided that the Tenant performs all covenants and obligations under this Lease Agreement and is not otherwise in breach of any provisions herein.
POSSESSION AND SURRENDER OF THE HOUSE:  At the expiration of the Lease Agreement Term, Tenant shall immediately surrender the House to homeowner in the same condition as at the start of this Lease Agreement, reasonable wear and tear elements excepted. The parties acknowledge that the Homeowner will be permitted to deduct from the Deposit any amounts for reasonable repair of damages to the House at the end of this Lease Agreement, ordinary wear and tear excepted.
LEGAL FEES: If either party is in breach of this Lease Agreement and the non-breaching party finds it necessary to enforce this Lease Agreement or collect rental or other damages, through an attorney or through a legal action, the prevailing party in such legal action shall be indemnified for any reasonable attorneys fees and out of pocket costs which in any way relate to, or were precipitated by, the breach of this Lease Agreement by the defeated party.
WAIVER:  The Homeowner’s failure to enforce or insist on compliance with any provisions of this Lease Agreement shall not be deemed a waiver or a limitation of the Homeowner’s right to enforce or insist on compliance with the provisions of this Lease Agreement.
ASSIGNMENT, SUB-LET AND LICENSE:  The Tenant shall not assign this Lease Agreement, or sub-let or grant any license to use the House or any part thereof without the prior written consent of the Homeowner/BRP.
INDEMNIFICATION: Subject to the foregoing provisions, the Tenant agrees, to the fullest extent permitted by law, to indemnify and hold harmless the Homeowner, their officers, directors, employees and agents (including but not limited to BRP/BHC LLC) from and against any liabilities, damages and costs (including reasonable attorneys fees and costs of defense) arising out of the death or bodily injury to any person or the destruction or damage to any property, to the extent caused, during the Tenant’s occupancy of the House under this Lease Agreement, by the careless or negligent acts, errors or omissions of the Tenant or anyone for whom the Tenant is legally responsible, subject to any limitations of liability contained in this Lease Agreement. The Homeowner agrees, to the fullest extent permitted by law, to indemnify and hold harmless the Tenant, its officers, directors, employees and agents from any liabilities, damages and costs (including reasonable attorneys fees and costs of defense) arising out of the death or bodily injury to any person or the destruction or damage to any property, to the extent caused by the negligent acts, errors or omissions of BRP/BHC LLC, the Homeowner, their contractors, consultants or anyone for whom BRP/BHC LLC and the Homeowner are legally responsible.
ENTIRE AGREEMENT:  This Lease Agreement and Terms and conditions constitutes the entire agreement between the parties and supersedes any prior written or oral covenants or representations relating thereto and not set forth herein shall be binding on either party hereto. The documents may not be amended, modified, extended, or supplemented except by written instrument executed by the Homeowner and Tenant and approved by BRP. Neither BRP nor the Homeowner has made any representation or warranty to Tenant except as herein expressly set forth.
VACATION RENTAL PROPERTY: Guest shall use the House only for residential purposes. Guest shall not use or allow the use of the House in any way that interferes with neighboring property. Guest shall not use the House for any illegal or improper use. Guest acknowledges that this rental is for vacation or recreational purposes only wherein furnishing and personal property is included.

Guest shall read the Rental Agreement carefully. Any monies received by Berkshire Home Creative, LLC for your Vacation Rental indicates the acceptance of the terms of our Rental Agreement in full. All policies are strictly enforced. It is the responsibility of all guests and members of their party to be familiar with all policies pertaining to the rental.

GUEST CONSENT: Guest understands and consents to the use of Guest’s credit card provided without original signature on the credit card slip, that an email of this agreement may serve as original credit card slip, and that the credit card authorization cannot be revoked and will not be terminated until the Guest’s use of accommodations has been terminated and all outstanding charges have been settled.
Guest agrees to read the Berkshire Home Creative LLC  Rental Agreement and agree to the terms and conditions.
In the event that Guest confirms a reservation and sign the rental agreement Guest authorizes Berkshire Home Creative LLC to charge the card Guest provides for any additional requested rental expenses incurred, and to pay for those damage or excessive cleaning expenses incurred that are not covered for reimbursement under the Security Deposit or Travel Insurance via RentalGuardian.