Berkshire Rental Properties 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 assume 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 assume 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 and shall provide their personal email address, cell phone, and mailing address. BRP may share Guest contact information with the homeowner, the caretaker, the housekeeper (if applicable) and within the BRP office only. BRP shall not share personal information with any party 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 state and/or local tax increases after the time of booking, 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 the 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.
Security Deposit
A fully refundable security deposit shall be collected and no portion may be applied to additional rental time, taxes, fees, or other charges. All 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; and (6) no miscellaneous charges were incurred (e.g., unpaid rental fees for 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 of any damage caused by the Guest/invitees. Guest will be responsible for damage that occurs during the stay, per the Damage Policy.
Prior to Departure, Tenant Agrees To
- Remove all dirty dishes, pots, and pans from the kitchen and dining area, place in the dishwasher, and start it. Anything that does not fit or is not dishwasher safe shall be done by hand and stacked to dry. Leave the Vacation Rental “broom clean.”
- Remove all food brought in by Tenant.
- Leave all used beds unmade prior to departure.
- Remove kitchen trash, diapers, and any odorous items from the Vacation Rental, seal in plastic bags, and place in the garbage cans provided.
- Leave key(s) and garage door opener(s), as applicable, as instructed by the Homeowner/info packet/agreed location or incur key replacement fees.
- Return all furniture to its original position, as best as possible. If heavy furniture is moved and not replaced, Tenant will be charged for time/manpower to replace it.
- Pick up any smoking debris from the yard or outdoor area prior to departure. Smoking is strictly prohibited in all BRP Vacation Rentals.
- Keep lawn areas free of pet debris. Pets are not permitted unless disclosed to BRP, approved, and the pet fee is paid prior to arrival.
- Do not use glitter, play slime, or confetti at any property, inside or outside.
Pool and Spa
Guest agrees to follow the explicit guidelines for pool and spa use located in the welcome binder inside each rental property. Pool heat shall not exceed 86°F and hot tub shall not exceed 102°F unless agreed to in writing. Guest understands that the area surrounding the pool and spa may not be fenced or secure. Guest agrees to be responsible and liable for any damages to the pool, spa, and support equipment through 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 use of these amenities and assumes no 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 outages, content, lack of content, number of devices, speed, access problems, lack of knowledge of use, or personal preferences regarding service. Services are provided as a convenience only and are not integral to this agreement.
Check-In and Check-Out
Guest shall honor the standard check-in and check-out times as stated in the Rental Agreement unless other arrangements have been confirmed. Requests depend on cleaning and turnover schedules. If Guest does not have a confirmed late check-out and the Rental Property has not been vacated within 3 hours of the scheduled departure time and the cleaning crew is delayed, a fee equal to the rental rate of 2.5 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 written confirmation that additional guests are permitted. The rental is not intended for parties or 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. If there is excessive noise or music, any illegal activity, or evidence of policy violations, you may be asked to vacate without 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) cover your departure clean. Guest acknowledges and authorizes that if additional cleaning is required beyond what has been paid in order to bring the 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.
Smoking
Smoking is NOT permitted in any BRP property. Smoking is allowed outside as long as butts and ashes are not left behind. Discard 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. Additional professional cleaning charges may apply for violations.
Pets
Pets are permitted on a per-pet basis and must be disclosed, approved, and will incur a taxable pet fee. Some Vacation Rentals do not permit pets—please check your listing carefully. Undisclosed pets or pets brought to a non-permitting property will be charged for all follow-up cleaning, including bedding and professional upholstery cleaning. Unauthorized occupancy of pets may result in immediate eviction and loss of all rents and deposits. Guests agree to the following pet rules:
- All waste must be picked up, tied securely in trash bags, and placed in the garbage cans provided.
- No pets in the hot tub, bathtub, or pool (as applicable).
- Pets should not be left unattended for long periods; if unattended, they should be crated.
- 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 at the time of booking. Full payment is charged 14 days prior to arrival. 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 extending beyond your stay. Reservations made fewer than 14 days prior to arrival require full payment at booking. If the Guest has no Visa, MasterCard, or Discover Card, a cash payment can be arranged and may include a refundable security deposit (see Damage Policy). This deposit will be returned within 10 business days of departure provided there is no breakage/damage, no international phone or pay-per-view charges, no additional cleaning costs, and all rules 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, BRP will automatically charge the balance to the credit card on file. Balance is due no later than 14 days prior to arrival. Payment may be kept on the same card, changed by phone, or sent by check to be received at least 14 days prior to arrival. Include a signed copy of the rental agreement or clearly note the property name, Guest name, and arrival date. Guest/invitees shall not have access to the Property without payment in full prior to arrival. No exceptions.
Cancellations
If Guest needs to cancel, Guest shall provide notice to BRP in writing (email is acceptable). BRP will make best efforts 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 the original dates; 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 travel insurance is offered through Berkshire Rental Properties; any valid travel insurance policy is acceptable. See Travel Insurance below.
Travel Insurance
Berkshire Home Creative LLC has partnered with RentalGuardian.com to help safeguard booking deposits and other pre-paid non-refundable payments related to planned travel. Optional travel insurance is strongly encouraged. Standard coverage typically addresses risks such as sickness, accidental injury, or death of you/a family member (or traveling companion), weather delays, natural disasters, unexpected employment changes, and more. An optional Cancel For Any Reason (CFAR) benefit may be available for an additional charge and may pay up to 60% of pre-paid non-refundable charges for reasons not covered under standard policies. Standard coverage is generally 7% of your total reservation; with CFAR, 9.8% of your total reservation. Premiums are generally non-refundable after 15 days of purchase. For claims, you may call (833) 610-0736. For more information, please refer to your coverage documents or BRP’s travel insurance resources. Note: CFAR is not currently available to residents of New York, Washington, or U.S. Territories; please select the alternative plan.
Unavailability
For any reason beyond the control of BRP/BHC LLC, if the Rental Property becomes 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, fees, or other charges. The entire deposit will be refunded if all conditions noted in the Security Deposit section are met. As a condition to the rental of the unit, 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. This includes, but is not limited to, additional cleaning, eviction, service calls, estimates, repairs, or replacements, plus applicable taxes. An itemized statement of costs will be sent to the address submitted by the Guest at the time of booking. By written or electronic endorsement of this Agreement, the Guest agrees to pay all such charges. BHC strives to be as fair as possible to all parties in the rare event of 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 related to the Rental Property and therefore not guaranteed. In most circumstances, power is quickly restored.
Winter Conditions
Every effort will be made to have the driveway and walkways clear of snow before arrival. A shovel is provided for use during your stay. Please be cautious with icy conditions. During winter months, all-wheel drive, 4-wheel drive, and snow tires are recommended for some Berkshire locations. Homeowner is not responsible for Guest access to the driveway beyond routine plowing and sanding as needed.
House Alterations
Tenant shall make no alterations, additions, or improvements to the House (including applying paints, stains, nails, or screws to woodwork, walls, floors, or furnishings) without 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 advised to obtain a 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 reasonable times to inspect the property and/or show it to prospective tenants or purchasers, and to make reasonable repairs and alterations deemed necessary for preservation of the House or building, and to remove any unauthorized alterations or fixtures. The Homeowner or its agents shall give reasonable notice of intent to enter except in an emergency. If the house is actively on the market for sale, the Homeowner or its agent will give Tenant a minimum of 48 hours’ notice and will work with Tenant to the best of their ability to allow a showing during the rental period.
Quiet Enjoyment
The Tenant is entitled to quiet enjoyment of the House for the term of this Lease Agreement provided that Tenant performs all covenants and obligations herein and is not otherwise in breach.
Possession and Surrender of the House
At the expiration of the Lease Agreement Term, Tenant shall immediately surrender the House to the Homeowner in the same condition as at the start of the Lease Agreement, reasonable wear and tear excepted. The Homeowner may deduct from the Deposit amounts for reasonable repair of damages, 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 Agreement or collect rental or other damages through an attorney or legal action, the prevailing party shall be indemnified for reasonable attorneys’ fees and out-of-pocket costs related to the breach.
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 limitation of the Homeowner’s right to enforce or insist on compliance with any provisions herein.
Assignment, Sub-let, and License
The Tenant shall not assign this Lease Agreement, sub-let, or grant any license to use the House or any part thereof without the prior written consent of the Homeowner/BRP.
Indemnification
To the fullest extent permitted by law, Tenant agrees to indemnify and hold harmless the Homeowner and their officers, directors, employees, and agents (including BRP/BHC LLC) from and against liabilities, damages, and costs (including reasonable attorneys’ fees and costs of defense) arising out of death or bodily injury to any person or destruction/damage to any property, to the extent caused during Tenant’s occupancy by the careless or negligent acts, errors, or omissions of Tenant or anyone for whom Tenant is legally responsible. To the fullest extent permitted by law, the Homeowner agrees to indemnify and hold harmless the Tenant, its officers, directors, employees, and agents from liabilities, damages, and costs (including reasonable attorneys’ fees and costs of defense) arising out of death or bodily injury to any person or destruction/damage to 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 they are legally responsible.
Entire Agreement
This Lease Agreement and these Terms and Conditions constitute the entire agreement between the parties and supersede any prior written or oral covenants or representations. Amendments, modifications, extensions, or supplements must be in a 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 expressly set forth herein.
Vacation Rental Property
Guest shall use the House only for residential purposes. Guest shall not use or allow use of the House in any way that interferes with neighboring property or 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.
Acknowledgment
Guest shall read the Rental Agreement carefully. Any monies received by Berkshire Home Creative, LLC for your Vacation Rental indicate 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 (Authorization)
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 signs the rental agreement, Guest authorizes Berkshire Home Creative LLC to charge the card provided for any additional requested rental expenses incurred and to pay for damage or excessive cleaning expenses incurred that are not covered under the Security Deposit or travel insurance.