VACATION RENTAL AGREEMENT

This Vacation Rental Agreement ("Agreement") is for rental of the vacation rental property specified in a confirmed reservation (the "Property"). This Agreement is between: (1) Whales Watch Vacation Rentals ("Whales Watch Vacation Rentals," "we," or "us"), acting for itself and for the owner of the Property ("Owner"), and (2) the person who is the responsible renter of the Property (collectively "Renter" or "you").

By booking your rental of the Property with Whales Watch Vacation Rentals, you acknowledge that you have read and understand, and agree to be bound by, all terms, conditions, and policies in this Agreement, (collectively, the "Terms").

Channel Terms: If you are booking through a third-party marketing channel, your booking may be subject to that channel"s own terms and conditions ("Channel Terms"). If any provision of applicable Channel Terms differs from the Terms in this Agreement, the provision of the Channel Terms will control.

Payment Terms:All reservations must be made by an adult age 25 or over with a valid credit card. Reservations made under a false pretense will be subject to eviction and forfeiture of all payments. All reservations are subject to State Transient lodging taxes 1.5% and Lane County Lodging Tax of 8% Properties in the City of Florence are subject to an additional 1% Transient Lodging Tax. If you are paying by credit card you represent that you are the account holder or an authorized user of the account. Upon Whales Watch Vacation Rentals request, you will immediately provide another form of payment and adequate proof that you are the account holder or an authorized user of the account used for payment (such as a government-issued ID that matches the name on the account). Whales Watch Vacation Rentals may cancel your reservation or remove you and all Occupants from the Property immediately if you fail to provide a form of payment that can be validated. We may share your credit card information and other information about you with law enforcement if we suspect fraud

Cancellations/Refunds:Travelers who cancel at least 30 days before check-in will get back 100% of the amount they've paid. If they cancel between 14 and 30 days before check-in, they'll get back 50%. Otherwise, refund will only happen if we rebook those dates.

Protecting Your Vacation Rental Against Cancellation: Help protect non-refundable trip costs against cancellation due to sickness, bad weather, job loss and more.Take a look at the covered items: https://whaleswatch.pablow.io/Company/Products Get A Quote: https://whaleswatch.pablow.io/ Note: Declining insurance may affect your right to a refund, and you will be responsible for any cancellation penalties in accordance with the terms and conditions, up to 100% of the rental cost.

Substitutions: If the property you have booked is removed from the rental program or if extraordinary circumstances render the property uninhabitable, We reserve the right to substitute a comparable property. If comparable accommodations are not available, then Guests may choose from available properties at the published rates or request a refund. In these very rare circumstances you will be given the opportunity to cancel with no penalty should the new accommodations not be acceptable. Once notified, and you have agreed to the substitute accommodations, the normal cancellation policy will apply. We occasionally experience outages that are beyond our control. We report outages as each occurs. No refunds or compensation will be given for any outages. Refunds or rate adjustments will not be given for unforeseen circumstances such as inclement weather or mechanical failure.

Check In: Homes will be available at the time stated on the Reservation Confirmation. Different properties may have different check-in times. Cleaning & Maintenance crews are working very hard to make sure the home is ready for occupancy. Please do not arrive at the home early without our permission

Occupancy: The total number of vehicles allowed to be parked at the property at any time is restricted to the stated limit for each property.Our homes do not have on street parking, vehicle limits are predetermined and are not negotiable.

Absolutely No Motor Homes, Campers, Travel Trailers, or Tents are allowed at any of our homes. The total number of persons allowed in the property at any time is restricted to the stated limit for each property(including children). Eviction without refund and a $25.00 penalty per person per night over the stated limit will apply.

Be a good neighbor: It is a privilege to be able to stay in a neighborhood. The neighbors, live and work in our" town " vacation rentals are being banned in Oregon and around the world because of unruly guests. Noise audible outside the Property is prohibited between 10 p.m. and 8 a.m. If we receive complaints you will be contacted and asked to be quiet. If we receive more than one complaint during your stay you will be evicted without refund. You and other Occupants agree to conduct yourselves throughout your stay in a manner that is respectful of and not disruptive to neighbors, traffic flow, or the community and that will not prompt complaints to Whales Watch Vacation Rentals from police or neighbors.To prevent theft of or damage to furnishings or your personal property, you agree to close and lock doors and windows when you are not present at the Property and upon check-out.

Amenities and Equipment: All of our properties feature standard household items including streaming internet TV, heat, microwave, coffee maker, toaster, pots and pans, dishes, utensils and glassware. All houses have high speed internet & landline telephones; Only Verizon Cell phones work at beach houses. If you have questions about amenities, ask your rental agent.Unique and specific equipment and/or amenities for each property are listed in the individual property descriptions located on our website Hot tubs, additional TVs, VCRs, DVDs, porch furniture, dock access, recreational games and equipment, and similar items are furnished as a courtesy by the owner and are not guaranteed by us.

Most homes have locked owners closets or cupboards for the owners personal items. Please respect these areas and do not attempt to open them.

Each property will be supplied with the appropriate amount of sheets and towels to suit the properties capacity, so everything will be ready for you to kick off your shoes and relax! For each person, 2 bath towels, 1 hand towel and a wash cloth will be furnished. There will be two kitchen towels and pot holders.

Standard beds will be made up with linens, blankets and bedspreads. Due to insurance regulations, our housekeepers cannot make up bunk beds, sofa sleepers or trundle beds; however, linens will be supplied for each of these beds.

Games and Activities: for our guests, however some games have small pieces or parts and are not suitable for young children, i.e. toddlers and infants, who may put things in their mouths. Do not allow young children to play unsupervised with games.All of the houses are privately owned; the owners are not responsible for any accidents, injuries or illness that occurs while on the premises or its facilities. The Homeowners are not responsible for the loss of personal belongings or valuables of the guest. By accepting this reservation, it is agreed that all guests are expressly assuming the risk of any harm arising from their use of the premises or others whom they invite to use the premise.

 

Parties or Gatherings:Occasions such as parties, weddings, receptions, company gatherings or picnics are not allowed. We do not rent to prom groups, school or graduation groups, fraternities or sororities, or youth groups with or without adult supervision. Adults cannot rent properties on behalf of underage guests. Any use of the property for purposes other than family vacations must be addressed at the time of the reservation.

Septic System:All of our homes aree on Septic Systems. The septic system is very effective; however, it will clog up if improper material is flushed. DO NOT FLUSH anything other than toilet paper. No feminine products should be flushed at anytime. If it is found that feminine products have been flushed and clog the septic system, you could be charged damages of up to eight hundred dollars ($800). Each houses occupancy is based on what the septic system can handle. Please remember that anything that goes down the drain goes right into the ground and is absorbed by the environment. DO NOT USE LIQUID PLUMBER OR THESE TYPES OF PRODUCTS. These products stay in the system and pollute the ground beneath the home. Please do not rinse off sandy items inside. Houses with garbage disposals should only have cooked food put down them, no raw vegetables, no egg shells, no coffee grounds, when in doubt put it in the trash.

Pets: No animals or pets of any kind are permitted at the Property except (1) as specifically authorized in your reservation, or (2)bona fide service animals that we are required by law to allow. Emotional support animals are not permitted except as authorized pets. Cats are never to be allowed into any of our vacation rentals. If we find evidence of a cat or any animals in a non-pet friendly home you will be billed a minimum of $500.00 to sanitize and restore the property to its original condition. We may charge more depending on the extent of the damage and repairs needing to be done. All dogs must be up-to-date on rabies vaccinations and all other vaccinations. Heartworm prevention is highly recommended. All pets are to be treated withflea/tick repellent prior to arrival. All items above are the sole responsibility of the pet owner. The home owners assume no responsibility for illness or injury that humans or pets may incur while on the premises.You agree that a prohibition on animals is not a guarantee than an animal has not been inside the Property or that the Property is free of animal or pet allergens.

Check Out:Check Out time is stated on the reservation confirmation - Late Checkouts are not permitted due to Covid-19 protocols. If you are still in the home when cleaning crews arrive you will be billed for the time that they have to wait for your departure at a rate of $50 per hour with a one hour minimum. Please complete the items on the check-out list located on the first page of the guide book.

Cleaning:Cleaning fees: vary by property and are for sanitation, linens, and general cleaning only. Please leave the home neat and orderly to avoid additional charges.If the cleaning crew finds that the home has been left excessively dirty you will be billed for the additional cleaning time at a rate of $50 per hour.

Damages:You are responsible for any and all damages that occur to the property or it's contents by you or any other member of your group while you are the registered occupant of the property. Renter is responsible for any accidental damage that exceeds $1500. Damages for covered claims in excess of $1500 or for uncovered claims will be charged to the Renter's credit card.

Lost and Found: Whales Watch Vacation Rentals is not responsible for items left in the property. Unclaimed items found in the property will be held for 30 days only. If you request that we return an item left in a property we will drop if off at our local shipping store and they will contact you and arrange to get it back. We cannot guarantee a timely return of items left behind.

Smoking:There is absolutely no smoking/vaping/420 inside of our homes. If the cleaning company detects any evidence of smoking in the homes you will be billed an additional $200 to deodorize the home.

Emergencies:There is an agent on-call 24 hours a day for emergencies. Non-emergencies will be noted and handled the following business day. In the case of an emergency there are emergency contact numbers posted in the home.Remember - if you are having a fire, medical or police emergency please call 911 first. All but 2 of our houses have unlimited long distance on the landlines and 911 can be called from all of them.

Maintenance: Every effort is made to keep each property and its equipment in good working order. Please notify our check-in office of any difficulty you encounter during your stay so repairs can be made. We will make every effort to eliminate any problems or have repairs made as soon as possible.We cannot be held accountable for problems we are not aware of. Housekeeping or maintenance problems will not be addressed at check-out or after you return home.We have a terrific maintenance staff which is available seven days a week to take care of everything from routine maintenance to plumbing problems. If you need something, please call us immediately.You will receive our after-hours emergency telephone number at check-in. For non-emergency issues, please call the office during office hours.

Insects & Wild Life:Unfortunately for locals and visitors alike, Florence is home to many little critters and a few large ones. Especially during the summer and warmer months, ants, and mosquitoes, are common invaders. Rodents, both beach rats,field mice, & chipmunks are common as well.We do our best to keep the pests away - all of our properties are cleaned after every rental and properties receive routine pest control treatments. An occasional line of ants does not mean the property is infested or has been poorly maintained. Some tips: Keep your unit clean. Keep food sealed. All food should be stored either in the refrigerator or in sealed packages or containers. Bugs and Rodents are attracted to food and water. Be sure to clean up all areas where food is prepared and served, clean up spills and crumbs from snack foods immediately and don't leave dirty dishes lying around. We also have a lot of coastal black bears. Trash is kept in bear proof containers, sheds, or garages. You are responsible for keeping these securely closed. Do not leave anything on a deck, or in your car that attracts bears.Whales Watch Vacation rentals will not relocate guests or issue refunds or discounts due to bug, rodent or bear sightings.

Hot Tub: No children under the age of 12 permitted in hot tubs at any time. When using the hot tub, remember there is a certain health risk associated with this facility. Use at your own risk. Our housekeepers drain, sanitize, refill and replenish chemicals in all tubs prior to your arrival; therefore, it may not be warm until later that evening. DO NOT STAND ON THE HOT TUB COVERS. Hot tub covers are for insulation purposes and are not designed to support a person or persons. They will break, and you may be charged for replacement. Remember when not using the hot tub, leave cover on so hot tub will stay warm.

Other Policies:Units may not be sublet.The renter/renters named in this agreement will be responsible for themselves and all guests whether they are registered in the rental unit or not.The renter acknowledges that Whales Watch Vacation Rentals, property owners, and employees can not be held responsible regardless of fault, for any accident, loss, damage or injury suffered by the renter, members of their party or any other guests which the renter or their party have allowed access to the property, regardless if said loss is a result directly or indirectly from acts of god, danger incident to the sea, any body of water, fire, breakdown of machinery, equipment, acts of government or other authorities, delays or cancellations of or changes in itineraries or schedule or from acts of omission of any airline.Furthermore, the renter will release and hold harmless any and all parties involved with the rental, management and reservations of the property and to release and hold harmless it's owners or representatives for any loss or damage to personal property or for any injury and/or death. Make the most of your vacation by taking the same precautions that you do at home: keep your vacation home and cars locked at all times and safeguard your keys. Every effort has been made to provide accurate and complete information in both our printed material and on our website; however, Whales Watch Vacation Rentals is not responsible for printing errors, omissions, equipment failure, changes in amenities or furnishings made by homeowners, or changes in views, neighborhoods or beach access.

No Permanent Residence: You agree that your use of the Property is on a temporary and transient basis only; that you may not use the Property as a permanent residence; and that your permanent residence is and will remain elsewhere than at the Property.

Criminal Activity Prohibited:Use of the Property for any criminal activity is prohibited and may result in fines, prosecution, and/or your immediate removal from the Property. This prohibition extends to use of the Property"s internet service, if any, for criminal activity, including but not limited to unlawful downloadsof copyrighted material, including movies, music, software, or other material. We may cooperate with any investigation of alleged criminal activity that occurred at the Property during your stay. Violation of any federal laws, state laws, county laws, local laws, company policies, or house rules are grounds for immediate eviction without refund.

Consequences of Breach; Charges for Damage: Any failure by you or any other Occupants to comply with any of the terms, conditions, or policies above is a breach of this Agreement and may result in a forfeiture of your rights to rent the Property, up to and including immediate removal from the Property without refund and with or without the assistance of law enforcement. Whales Watch Vacation Rentals may terminate this Agreement for breach, and if you are notified of such termination you agree to leave the Property immediately. In addition, you are responsible for, and you authorize us to bill your credit card on file for the full amount of: (1) any damage or loss that occurs at the Property during your stay; (2) a charge of up to $1,000 for violations of the pet policy, including for bringing more pets or different types of pets than specifically authorized; (3) an additional cleaning fee of up to $500 (or the actual cost of cleaning services, if greater) for violations of any of the guest policies above (other than the pet policy) or for excessive cleaning required by the acts or omissions of any Occupant during your stay; and (4) any fines issued by police, other government officials or agencies, utility providers, and/or homeowner associations for violation of any law, ordinance, or rule during your stay, and any damages (which may exceed the amount of fines) that result from the violation. If any unauthorized download of copyrighted material via the Property"s Internet service occurs during the period of your stay, you agree that we may share your contact information with the internet service provider or any other party we believe, for any reason, has enforcement rights.

"How inappropriate to call this planet Earth when it is quite clearly Ocean." Arthur C. Clarke