Elevation Villas LLC

Terms & Conditions

Check in time is 4pm. Check out time is 10am.

Cancellations:

If you cancel your reservation prior to 60 days before your check in date you will receive a full refund less a $100 handling fee of any deposits paid. Cancellations made after that time will result in a non-refund of the entire deposit.

Security Deposit:

A Security Deposit of $ 200 (refundable) is required to be paid at the time of booking. The security deposit is refundable if there is no damage and the unit is left in a clean condition. The balance of the security deposit will be refunded within a reasonable period of time from the date of possession.

Refunds:

There shall be no refunds of rent due to shortened stays or ruined expectations because of weather conditions or due to work and family emergencies, other commitments or for any reason.

Terms:

1. The Landlord has the right to inspect the premises without prior notice at any time to enforce the terms of this agreement. Should the Tenants violate any of the terms of this agreement, the rental period shall be terminated immediately. The Tenants waive all rights to process if they fail to vacate the premises upon termination of the rental period. The Tenants shall vacate the premises at the expiration time and date of this agreement.

2. There is a long distance block on the telephone - a calling card or cell phone is needed for long distance toll calls. Emergency medical and police service can be called by dialing 911.

3. The Tenants shall maintain the premises in a good, clean, and ready to rent condition, and use the premises only in a careful and lawful manner. The Tenants shall leave the premises in a ready to rent condition at the expiration of the rental agreement, defined by the Landlord as being immediately habitable by the next tenants or the Landlord.

4. The Tenants shall dispose of all waste material generated during the rental period in a lawful manner and put the trash bags in containers provided in the back parking lot for pickup. Tenant will not leave trash outside for any reason.

5. The Tenants shall pay for any damage done to the premises and is responsible for a guests on the premises. The Tenants agree that the Landlord shall deduct costs of said services from the security deposit prior to refund if Tenants cause damage to the premises or its furnishings. The Landlord reserves the right to demand payment from the Tenant for additional moneys for damage in excess of the security deposit. The Tenants agree to call the Landlord immediately if something breaks or any damage occurs to the property.

6. No animals or pets of any kind will be brought into the premises.

7. The Tenants shall not sublet the property.

8. The Tenants shall have no more than 8 eight persons reside or sleep on the premises.

9. The Tenants shall behave in a civilized manner and shall be good neighbors respecting the rights of the surrounding property owners. The Tenants shall not create noise or disturbances likely to disturb or annoy the surrounding property owners. Creating a disturbance of the above nature shall be grounds for immediate termination of this agreement and Tenants shall then immediately vacate the premises. Quiet time starts at 10 PM and outdoor noise should be kept to a minimum.

10. There shall be no smoking inside the premises. Smoking is permitted outside the home.

11. Landlord shall provide towels, linens (or bring your own), cups, knives, forks, spoons, dishes, paper towels, toilet paper, soap, dishwasher detergent, laundry soap, drinking water, firewood, furniture cushions and other items as commonly used by the Landlord’s family. Other consumables or exhausted consumables are to be purchased by the Tennant. No reimbursement will be made for unused consumables left at the premises. If consumable items exist at the premises when the Tenant arrives the Tenant is free to use them during the term of the lease.

12. The Tenants and Tenants' Guests shall hereby indemnify and hold harmless the Landlord against any and all claims of personal injury or property damage or loss arising from use of the premises regardless of the nature of the accident, injury or loss. Tenants expressly recognize that any insurance for property damage or loss which the Landlord may maintain on the property does not cover the personal property of Tenants, and that Tenants should purchase their own insurance for Tenants and Guests if such coverage is desired.

13. There shall be no refunds of rent due to shortened stays or ruined expectations because of weather conditions or due to work and family emergencies, other commitments or for any reason.

14. It is the Tenant’s responsibility to learn about safety precautions, warning signs of water conditions, weather and safety procedures concerning mountain and resort activities. Tenant is hereby notified that winter properties can be dangerous and Tenant and the guests the Tenant allows on the property accepts and assumes fully the risks involved, such as personal injury or death.

15. No firearms shall be allowed on the premises.

16. Tenant agrees that Fireworks and other hazardous materials shall not be used in or around the property.

17. Tenant shall use the property for legal purposes only and other use, such as but not limited to, illegal drug use, abuse of any person, harboring fugitives, etc.. Illegal use at the premises shall cause termination of this agreement with no refund of rents or deposits.

18. Tenant agrees not to access the “owner’s closets and other locked areas”, even if unlocked, these areas may contain cleaning supplies, paint and chemicals and other items that could be hazardous to children and adults.

19. Tenant is advised that the property contains a gas grill and a gas fireplace and will seek help from the owner if the proper operation of such items is not fully understood.

20. Tenant is advised that the property has not been “child proofed” for young children. Tenant agrees to have a responsible adult supervising minors while in and outside the premises.

21. The property has a fire extinguisher in the kitchen area. The fire extinguisher was fully charged at last inspection. It is the duty of the Tenant to inform Landlord immediately should the fire extinguisher become less than fully charged or is missing. Tenant agrees to use the fire extinguisher only for true emergencies.

22. The property has fire alarms installed and they are believed to function properly at the time of rental. Tennant will notify Landlord without delay if a fire alarm “chirps” or has a low battery condition.

23. Tenant shall see to their own security while in the property by locking doors, windows, outdoor closets, etc. when it is prudent to do so.

24. Valuable items left behind by Tenant will be held for the Tenant and every reasonable effort will be made to contact the Tenant for return. If items are not claimed within 6 months they shall become the property of the Landlord. The Landlord shall not be held liable for condition of said items.

25. Basic cable TV is provided and service level has been chosen by the Landlord. No refund of rents shall be given for outages, content, lack of content, or personal preferences with regard to cable TV service.

26. High speed wireless internet is provided as a convenience only and is not integral to the agreement. No refund of rents shall be given for outages, content, lack of content, speed, access problems, lack of knowledge of use, or personal preferences with regard to internet service.

27. The security deposit is refundable if there is no damage and the unit is left in a clean condition. The balance of the security deposit will be refunded within a reasonable period of time from the date of possession and will be delivered to you or your authorized agent, together with a statement showing any charges made against such deposits. If you cancel your reservation prior to 60 days before your check in date you will receive a full refund less a $100 handling fee of any deposits paid. Cancellations made after that time will result in a non-refund of the entire deposit.

28. Failure of Owner to enforce any provision of this Agreement will not be deemed a waiver. The acceptance of rent by Landlord will not waive his or her right to enforce any provision of this Agreement.

29. Unless otherwise provided, any notice which either party may give or is required to give, may be given personally or by mailing the same, postage prepaid, to Tenant or Landlord at the address shown on page one of this agreement or at such other places as may be designated by the parties from time to time. Notice will be deemed effective three (3) days after mailing, or on personal delivery, or when receipt is acknowledged in writing.

30. Time is of the essence of the Agreement.

31. Any litigation arising between the parties shall be within the exclusive jurisdiction of the courts of the State of New York, Monroe County, or if the jurisdiction prerequisites exist at the time, the Federal Courts of New York with venue to be in the Western District of New York, and the parties hereby waive any right to object to personal jurisdiction and venue. In any action or proceeding involving a dispute between Landlord and Tenant arising out of this Agreement, the prevailing party will be entitled to reasonable attorney fees and any costs incurred.

32. Landlord and Tenant understand that the state and federal housing laws prohibit discrimination in the sale, rental, appraisal, financing or advertising of housing on the basis of race, color, religion, sex, sexual orientation, marital status, national origin, ancestry, familial status, source of income, age, mental or physical disability.

33. The foregoing constitutes the entire agreement between the parties and may be modified only in writing signed by all parties. This Agreement and any modifications, including any photocopy or facsimile, may be signed in one or more counterparts, each of which will be deemed an original and all of which taken together will constitute one and the same instrument. If there is more than one Tenant, all Tenants are jointly and severally liable under this rental agreement.

BINDING AGREEMENT: Upon payment of the deposit or the full rental fee, the tenant has read, agreed to, and accepted the above terms and conditions, and acknowledges receipt of a copy of this Agreement.

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