Berkshire rental Properties Terms and Conditions:
RENTER REQUIREMENTS: For legal and accounting purposes, the person placing the reservation must be the same as the person signing the rental agreement and credit/debit card holder. BHC 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. SMOKING: Smoking is NOT permitted in any BHC 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. 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 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. 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. 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. HOMEOWNER RESPONSIBILITY: The house shall be clean upon arrival and all appliances and amenities shall be in good working order to the best knowledge and control of the Homeowner. If the Rental Property, or any part of the Rental Property or amenity, is damaged by fire or other casualty not due to the negligence or willful act of the guest/invitees the Rental Property will be immediately repaired by Homeowner or its agent, to the best of their control, and there may be a reasonable partial or full abatement of rent corresponding with the time during which the Rental Property or an amenity was unusable for eight or more consecutive hours. ASSISTANCE DURING YOUR STAY: In the event that you need assistance after normal business hours (M-F 9am – 5pm) please refer to your check-in instructions or look inside the welcome binder which will be left for you in the house, in plain sight, with clear information as to who is on call during your stay. If no-one responds to you within a reasonable amount of time, you may also call the BRP office (after hours) and follow the recorded prompts to either send a text or email and someone will get back to you soon. Please do not leave a voicemail message after hours unless your issue can wait until the next business day. Please leave full details regarding your concern so that the issue can be resolved as quickly as possible. In an actual emergency always call 911. UPON ARRIVAL: Please take a look around Breezy Hill and if you have any concerns please immediately contact your on-call person. Any concern that is noted promptly following arrival shall not be the Guest’s responsibility. NOTE: No rebates, adjustments or considerations are given unless the on-call contact or BRP has been notified of an issue 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. ARRIVAL TIME: Standard check in is 3:00 pm unless otherwise specified in the Rental Agreement. DEPARTURE TIME: Check out is at 10:00 am unless otherwise specified in the Rental Agreement. If Guest does not have a confirmed late check-out AND the Rental Property has not been vacated within 3 hours of their 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 guests 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 Rental Property 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 the Rental Property back to arrival condition, the difference will be presented to the Guest, in writing, and charged to your credit card. BASIC ITEMS AND AMENITIES: A starter supply of expendable supplies such as toilet paper, paper towel, hand soap, dishwashing liquid and detergent (if applicable) and laundry soap are available upon arrival. All linens are included. For basics like salt/pepper and sundry pantry items -use a little, leave a little is best practice- along with basic cleaning supplies, flashlights, lightbulbs and replacement batteries. Guest/invitees shall not take any batteries out of remotes or from supplies for private use. Missing remote batteries will result in a minimum of $50 charge to your credit card. Please refer to your individual property listing for all amenities available to you during your stay. The Guest acknowledges that some amenities such as pool and fireplace, etc., are seasonal and may not be available for Guest’s use off-season. Guest is entitled to use the 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. The Guest can expect that the Rental Property shall be clean, maintained, and rental-ready prepared prior to arrival. The Guest is hereby notified that there may be lead paint present inside or on the exterior of any home built prior to 1978.
PRIOR TO DEPARTURE GUEST AGREES TO:
- Remove all dirty dishes, pots and pans from the kitchen and dining area, place in dishwasher (if applicable), 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.
- Leave the Rental Property “broom clean”.
- Remove all food brought in by the Guest.
- Leave all used beds unmade.
- Kitchen trash, along with diapers or unsightly/odorous items must be removed from the Rental Property and put into sealed plastic bags and placed in the garbage cans provided.
- Guest shall leave keys/garage door openers (as applicable) as instructed by the Homeowner, info packet or agreed location or incur replacement cost plus $25.00.
- All furniture will be returned to its original position, as best as possible. If heavy furniture is moved, but not put back into original position, Guest may be charged for time and manpower to move the furniture back to original position.
- Glitter, play slime, and confetti are not allowed at any property inside or outside.
SATELLITE TV, INTERNET & PHONE CALLS: All properties are privately owned and have different subscription packages for cable and/or satellite and internet. BHC does not guarantee any programs unless arrangements have been made for additional and specific packages for an additional cost. Guest is strongly advised to NOT purchase Pay Per View items unless they use their own credit card. Pay-per-view charges discovered after your departure shall incur the cost of the pay-per-view plus an additional $10.00 fee, per item, which will be charged to the credit card on file. Some properties are equipped with a land line telephone; all calls within the U.S. are permitted but NO overseas calls or the same charges as above will apply.
PETS: Pets are not permitted unless disclosed and approved by BRP, with a pre-paid pet fee. 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 pets should be crated.
4) Damage and additional cleaning (due to pets) beyond what was originally secured may result in additional charges.
HOT TUB & POOL USE & RULES (as applicable): Use of the hot tub and pool is strictly at your own risk and liability. An adult must always accompany children under 14. Use non-breakable drink containers in the tub/pool area – GLASS IS NOT PERMITTED. Service is included on a schedule. If additional service is necessary due to Guest abuse, the Guest will be responsible for the service charge. 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 are highly recommended for some Berkshire locations. Homeowner and BHC LLC / BRP is not responsible for Guest ability to access to driveway beyond routine plowing and sanding as needed. LEFT ITEMS: Please check carefully for belongings before you leave. Left items can be mailed to you and the credit card held on file shall be charged shipping costs plus a $25.00 service fee. BRP/Homeowner/BHC is not responsible for lost or stolen items. ENTRY FOR REPAIRS OR SHOW: The Homeowner and its agent 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 Guests 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. The Homeowner or its agents shall give reasonable notice of intent to enter House except in the rare case of an emergency. NOTE: BRP or homeowner’s agent shall make every effort to reasonably accommodate showings around Guest needs and/or preference. In the event of quarantine, any home maintenance person required to address shall be permitted to enter the House with proper attire of N-95 mask, gloves and shoe covers, as required. 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. HOUSE ALTERATIONS: Guest shall make no alterations to the House without first obtaining the express written consent of the Homeowner. INDEMNIFICATION: Subject to the foregoing provisions, the Guest 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 attorney 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 Guest’s occupancy of the House under this Lease Agreement, by the careless or negligent acts, errors or omissions of the Guest or anyone for whom the Guest 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 Guest, its officers, directors, employees and agents from any liabilities, damages and costs (including reasonable attorney 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. 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 attorney 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. In the event that a legal intervention is required, the parties agree that any/all filings shall be executed through the Southern Berkshire District Court in Great Barrington MA. 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.
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. 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. 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. The Tenant understands that the rental rates are subject to change for any extended stay or extension of the lease agreement, unless explicitly stated herein. The Tenant understands that an extended stay is NOT guaranteed unless explicitly stated herein. Further, this lease agreement does not constitute a right-of-first-refusal in the event the Tenant chooses to extend the term. Force Majeure: The occurrence of any of the following events shall be referred to herein as “Force Majeure” and shall excuse the obligations of Landlord or Tenant as are rendered impossible or reasonably impracticable as a result of the event(s) in question to the effect such event continues to render performance impossible or reasonably impracticable: acts of God, governmental restrictions that effect or impact the terms of the lease agreement, regulations, or controls, acts of terrorism; fire, flood, or earthquake; and other causes beyond the reasonable control of the party obligated to perform (excluding financial inability). Notwithstanding the foregoing, the occurrence of such events shall not excuse Tenant’s obligations to pay Rent should the Tenant be in residence during the lease term. Landlord and Tenant shall use all commercially reasonable efforts to mitigate the consequences of any event of Force Majeure and shall follow any/all local/state/federal mandates set in place. COVID-19 or other unforeseeable pandemic conditions: Tenant and Landlord shall both adhere to any/all federal, state, and local mandates regarding health, illness, and travel restrictions. Should the Tenant or any family member become ill while in residence, the Tenant shall remain until such time as it is deemed safe to travel. In the event that additional sanitizing is required the Tenant agrees to pay additionally to cover reasonable follow up cleaning. In the event that the Tenant must stay on due to illness, Tenant agrees to pay a pro-rated nightly rate based upon the original rental agreement of rental amount divided by the number of days in the unit. This amount shall be applied weekly from the first day of the end of the lease until the Tenant is clear to travel. Under no circumstances shall the Tenant be permitted to extend past the end date on the signed lease agreement without agreement in full by the parties. ROLE OF BERKSHIRE HOME CREATIVE LLC AND BERKSHIRE RENTAL PROPERTIES: Berkshire Rental Properties is a wholly owned subsidiary of BHC LLC. 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 condition on/in the Renal Property arising at any time before, during, or after the term of this Lease Agreement.