Guest License Agreement
THIS VACATION RENTAL AGREEMENT is between Finger Lakes Premier Properties, Inc., a New York corporation at 142 Lake Street, Penn Yan, NY 14527 (“Agent”), as agent for the owner (“Owner”) of the premises identified on Exhibit A (the “Home”), and the undersigned (“Guest”). Agent grants Guest a license to use the Home on the terms and conditions contained herein, during the period set forth on Reservation Details (page 1), and Guest accepts that license. Guest is a Licensee and not a Tenant. Guest does not acquire any interest in the Home or in any personal property therein or thereon.

1. Reservation and Payment: The initial payment is due when the reservation is made; the initial payment is half of the Gross Rental amount plus fees and applicable taxes. Full payment of the remaining net balance of the reservation is due 60 (sixty) days prior to Guest’s scheduled arrival date. For reservations made within 60 days of arrival, payments must be paid in full at time of booking. Any payment received less than 30 days prior to check in date must be certified funds, money order, or credit card.
Guest License Agreement must be reviewed, signed and returned to Finger Lakes Premier Properties, Inc. within 7 (seven) calendar days of making the reservation along with a legible copy of the front and back of a valid driver license, municipal non-driver identification card, or passport. Access to the Home will not be permitted without Guest identification.
Unpaid reservations will be cancelled without notice after the due date. There will be a $35.00 fee for all returned checks.

2. Occupancy: The maximum number of guests is limited to the “Maximum” number of occupants shown on the Reservations Details (page 1).  Exceeding the allowed occupancy shall constitute an immediate breach of this Agreement, and shall by default, result in forfeiture of rents and any prepaid security deposit. Guest must be a minimum age of 25 to rent the Home, and only family groups and responsible adults may use the Home. Children 2 or under are considered in the “Maximum Occupancy” and should be included on Guest List below with age notated.  Guests that misrepresent themselves or over-occupy the Home will be required to leave without refund.  

3. Use: Guest and Guest(s) must comply with the Use Policy.

4. Cancellation Policy; No Shows; Trip Protection: If Guest cancels or changes the dates or terms of their reservation, this must be requested in writing by return receipt email or mail. Rental payments are fully refundable (less “FLPP’s” reservation fee) if the Home is re-rented for the same time period. If the Home is re-rented for less than the original amount, the Owner remains entitled to the full rent. Any remaining rent after the owner is paid the original full rent, less the reservation fee, will be refunded to Guest. No full or partial refunds will be granted for no-shows or if the Home is not re-rented, unless Guest purchased the optionally offered Travel Protection Insurance. FLPP recommends Guest purchase Travel Protection. Changes to stay dates for the Home confirmed on Reservation Details must be made before the return of this approved agreement; otherwise no changes to the Home or stay dates will be made. FLPP cannot guarantee confirmed rate in these circumstances.

5. Refunds: There are no refunds for late check-in or early check-out, bad weather, or illness. Except as expressly provided in this Agreement, no refunds will be given if during your stay the Home is unavailable for any reason outside FLPP’s control. This includes, but is not limited to, natural disasters or visits by Mother Nature in the form of chipmunks, squirrels, spiders and other insects, mechanical failures, acts of government agencies, or utility outages.

6. Substitution: If circumstances cause your confirmed Home to be unavailable (for example, Home is sold, damaged, or deemed uninhabitable), FLPP will attempt to find comparable accommodations, subject to your approval. In the event FLPP is unable to find acceptable substitute accommodations, all monies paid will be refunded. FLPP cannot guarantee the confirmed rate in these circumstances.

7. Access: Agent, its agents, and its employees may enter the Home to effect repairs and/or maintenance.

8. Handicap: Unless otherwise noted, the rental property is not handicap accessible.

9. Responsibility: Guest is solely responsible for all damage to and/or loss of anyone’s personal property (including that of Owner, Guest, and Guest Party), and for all personal injury sustained by anyone during the term of this license as a result of Guest’s use of the Home or any personal property provided by FLPP or Owner. Guest also authorizes FLPP to charge appropriate restitution to the credit card(s) provided to FLPP by Guest. Guest shall defend and indemnify and hold the FLPP and the Owner harmless from all claims arising out of, or in any way related to, Guest’s use of the Home or such personal property. Guest is fully liable for all damage, excessive cleaning, or plumbing stoppages, as well as excess cleaning, plumbing stoppages, and damage to the Home or its contents as a result of Guest or Guest Party’s actions or negligence during stay, including, but not limited to, Guest’s obligation to immediately report any and all maintenance concerns to FLPP. Guest assumes all risks related to the use of the lake(s), boating, and/or other recreational activities, devices and machinery. This includes the use of pools, hot tubs, and saunas, if provided. FLPP is held harmless and not responsible for delivery of, quality of, or liability associated with any third-party services or products secured on behalf of or suggested to Guest. This includes, but is not limited to, transportation services, floral arrangements, local activities, food products or vendors, etc.

10. Security Deposit: If required by the Owner of the Home rented or required by FLPP, all security deposits will be due and collected with the final payment. If it is determined during Departure Inspection of the Home that damage, additional cleaning charges, or negligence has occurred during Guest’s stay, the cost to repair the damages and for any additional cleaning charges will be deducted from the Security Deposit. If the cost of damage and any additional cleaning charges exceeds the Security Deposit, Guest also authorizes FLPP to charge appropriate restitution to the credit card(s) provided to FLPP by Guest. If the Home does NOT experience any of the above and the Home, its contents and grounds are found to be in the condition in which they were found, and Guest has been fully compliant with Use Policies for the duration of the stay, any Security Deposit will be returned to Guest in full within 30 days of departure and NO charge will be made Guest’s credit card(s).

11. Damage Fee: FLPP charges Guest a non-refundable damage fee. The damage fee covers a maximum of $1,500 in accidental damage. Guest must report any loss or damage to the unit or its contents to FLPP staff within 24 hours after its occurrence or this damage will not be covered. The Guest shall be responsible for damage exceeding the covered total. Staff will have the sole authority to determine the extent of repairs necessary. Representatives of FLPP have ultimate administrative authority. The damage fee does not cover: charges for excessive cleaning; acts of God; intentional acts of GUEST; gross negligence or willful conduct; if Guest does not report the damage to FLPP staff by the time they check out of the unit; normal wear and tear; damage or loss caused by a pet or other animal brought to the premises by Guest; fee applies only to the direct physical loss or damage to covered property. It does not cover loss of use of such property; loss or damage to any property owned by or brought to the premises by Guest. The damage fee policy becomes effective upon check-in to an FLPP unit. All benefits terminate at the end of documented stay.

12. Consequences of Breach: Any failure by Guest or Guests of Guest to comply with any of the terms above may result in a forfeiture of Guest’s rights to rent the Home, including immediate eviction from the Home without refund. In addition, Guest is responsible for, and Guest authorizes FLPP to bill Guest’s credit card on file for the full amount of, (1) any damage or loss that occurs at the Home during your stay; (2) a charge of up to $500 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 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.

USE POLICIES
1. Responsible Renter: As the responsible renter, you agree to be an Occupant of the Home for the entire duration of the rental and leave the Home in the same order, state of repair, and cleanliness as found. All other Occupants will be family members, friends, and other responsible adults, or children accompanied by a parent or legal guardian. You agree to be solely responsible for your actions and the actions of all family members, guests, and invitees (collectively “Occupants”) present at the Home at any time during your stay, and to ensure that all Occupants understand and comply with the Terms.

2. Good Neighbor Policy: The Home is a privately-owned home, and we enforce a good neighbor policy. Please treat the Home with the same care you would use with your own residence and leave it in the same condition it was in when you arrived. 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. 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 FLPP from police, neighbors, or neighborhood or homeowner associations. Noise audible outside the Home is prohibited between 10 p.m. and 9 a.m. You and other Occupants agree to abide by all applicable parking restrictions and limitations.

3. Lost and Forgotten Items: FLPP assumes no responsibility for Guest’s forgotten items, their condition when found, or their return. Upon notification and request to do so from Guest, FLPP will make all reasonable efforts at FLPP's convenience to retrieve any of Guest’s items forgotten at the Home without disturbing subsequent guests. Guest agrees to prepay all shipping costs plus a $10.00 shipping and handling fee upon notification by FLPP that items have been retrieved.

4. Inventory: All rentals are equipped with linens, towels, cooking utensils, pots, and pans. Linens include sheets for all beds listed on the Home's web page, one bath towel and wash cloth per Guest, one bath mat per full bathroom, one hand towel per bathroom, and one kitchen towel per kitchen. If you would
like additional quantities or would like linens replaced during your stay at an additional cost, please ask your Representative to make these arrangements for you. (Please note daily linen service is not available.) Supplied in the rental Home is a starter package which includes a roll of toilet paper for each bathroom, a roll of paper towels, a travel bottle of dish soap and sponge, and a trash bag per receptacle. You will need to purchase additional paper goods and soaps for the duration of your stay.

5. Conduct: There may be no conduct in the Home that disturbs neighbors or others. No illegal conduct may take place in the Home. Loud music is prohibited. Fireworks are not permitted at the property. Fires are permitted only if there is a designated fire pit.

6. Visitors: The total number of guests shall not exceed the total maximum occupancy of the Home unless FLPP granted prior approval. No house parties or large gatherings are allowed.

7. Vehicles: FLPP restricts the number and location of vehicles parked at the Home. No tents, campers, boats, or motor homes may be used for sleeping at the Home, nor may they be connected to the utilities at the Home.

8. Pets: No pets of any kind are permitted at the Home except (1) as specifically authorized in your reservation at those properties designated as pet friendly, or (2) bona fide service animals we are required by law to allow. If Home is pet friendly, Guest will need to complete the separate Pet Policy Addendum and abide by policies as stated in said Addendum.

9. Smoking: All Homes are non-smoking. If Guests smoke in the rental Home or leaves evidence that someone during his or her rental period has engaged in smoking in the Home, Guest will be charged a fee of $1,000.00 (One thousand dollars) plus fees for additional cleaning.

10. Sewer and Septic: Chemicals or substances that could contaminate ground water should NEVER be flushed or poured down drains. Sewer and septic systems cannot be used to dispose of items other than those for which the systems are intended. Disposable diapers, moist wipes, hair combings, coffee grounds, dental floss, sanitary napkins, tampons, cigarette butts, condoms, gauze bandages, paper towels, food waste, grease, oil, etc., must NOT be flushed or poured down the Home's drains. These items can overtax or destroy the system and/or clog pipes, resulting in expensive repairs. Guests who fail to comply and compromise these systems will be charged the full cost of professional repair and/or replacement of the system; this may include the cost of relocating subsequent guests until repairs have been made and the Home is once again suitable for occupancy.

11. Docks: Unless otherwise stated, a dock is provided with each rental Home (refer to website’s property description for details on your rental Home’s dock). However, Guest is solely responsible for ensuring docks, boatlifts, and/or mooring facilities are adequate for their desired use. Guest is responsible for any damage caused to watercraft and/or property resulting from the use of those facilities. Outdoor amenities, including, but not limited to, non-motorized watercraft, furniture, and docks, are not guaranteed prior to May 15th or after October 15th.

12. Cable/Internet: Most Homes offer cable television, and many offer some form of internet access. Internet access can be in the form of a wired connection to a modem or wireless access via a router. These services are offered by the local cable provider which places the function beyond the control of either the Owner or FLPP. No refunds will be offered for any interruption to these services or for any lack of promptness in response time to any interruption of service.

13. Noise, Construction, Insects, or Loss of View: FLPP will not be held responsible for disruptions to Guest’s enjoyment due to construction projects, traffic, neighboring properties, insects, or any other circumstances beyond our control.

14. Care of Property: Guest is responsible for maintaining the property in a neat and sanitary condition. Housekeeping during your stay is not provided unless prior arrangements have been made with FLPP. Upon departure, Guest is expected to leave the property tidy, remove food from refrigerator, place garbage outside in designated containers, turn off all lights, close windows and lock doors, and set thermostats to 72 degrees. Please do not rearrange the furniture. Guest will be responsible for any damage or losses to the rental property or for additional cleaning fees over normal wear and tear.

15. Maintenance or Housekeeping Issues; Property Conditions: Please report any maintenance or housekeeping issues upon arrival. Report damages that occur at the Home within 24 hours of occurrence to the FLPP Maintenance Department. Maintenance will be provided as soon as is reasonably possible with regards to level of urgency, and we will make every effort to correct any problems that arise during your stay. However, there will be no refunds of rent or fees for mechanical failure of nonessential items such as air conditioners, TVs, DVDs, grills, non-motorized watercraft, recreational games and equipment, deck furniture, dishwashers, washers/dryers, hot tubs, or other luxury items. Homes with multiple TVs, DVDs, or VCRs will not be provided with a loaner. A reasonable effort will be made to contact the Guest prior to entry. However, should an urgent situation arise, FLPP reserves the right to enter a property during occupancy for the purpose of effecting necessary repairs or inspection.

16. Inaccessible Areas: Certain areas of the Home may be unavailable for guest uses. These areas may include, but are not limited to, closets, storage areas, and garages.

17. Early Check-In and Late Check-Out: April 1through October 31 – Check-in time is 4pm and check-out time is 10am. Early check-in or late check-out are not available.
November 1 through March 31 – Check-in time is 3pm and check-out time is 11am. If available, for an additional $50/hour fee for each request, you can reserve an early check-in or late check-out of your vacation rental. Please contact the reservation specialist no earlier than 3 days in advance to your arrival or departure to reserve this and confirm availability. Requests are not guaranteed, must be approved by housekeeping, and are not available for holidays.

18. Travel Protection Insurance: FLPP has partnered with RentalGuardian.com and InsureStays to help safeguard your entire 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. CFAR is not available to non-US residents or residents of NY or WA.
The standard travel insurance coverage costs 7% of your total reservation invoice amount; if you include the optional CFAR benefits, the coverage cost is 10.8% 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 http://fingerlakes.rentalguardian.com or consult your coverage documents.
Guests opting not to purchase travel insurance should be aware that per the terms and conditions in your rental agreement, refund-in-full of your reservation deposit(s) will not be available; therefore, your entire booking payment could be at risk.

19. Verification of Age and Statement of Truth: By signing where indicated below, Guest confirms that he/she has read, understands, and agrees to the terms and policies as specified in this agreement; that he/she is at least 25 (twenty-five) years of age; that all signatures, including electronic signatures, are confirmed to be those of the individual to whom this document is addressed; that discovery by FLPP of misrepresentation of age, identity, or intent to use the Home as stated and agreed constitutes a breach of this Agreement in its entirety, and may result in immediate removal of Guest(s) from Home and/or cancellation without refund.