Villa Montagne Rental/Agreement

Property Location: 28495 Big Basin Way, Boulder Creek, CA 95006

We the owners of Villa Montagne would like to thank you for allowing us the privilege of providing you with our finest accommodations. Should you have any questions, please feel free to call: (866) 614-6245 or e-mail info@villamontagne.us.com.

Business Address:

Villa Montagne
C/O Connie DeJong
P.O. Box 6443
Jackson, WY 83002-6443

Voice (866) 614-6245
FAX (307 883-4429

RENTAL CONTRACT/AGREEMENT read carefully! TO RESERVE DATES YOU MUST READ AND AGREE TO THESE TERMS AND CONDITIONS AS STATED BELOW. You are automatically bound by this agreement by making a reservation. A signed copy of this contract is requierd with final payment.

THANK YOU FOR REMEMBERING THAT YOU ARE RENTING A PRIVATE HOME, AND WE APPRECIATE THAT YOU WILL TREAT IT WITH THE SAME RESPECT YOU WOULD LIKE SHOWN TO YOUR OWN HOME.

1. THIS IS A NON SMOKING HOME, NO SMOKING ALLOWED INDOORS. PLEASE CAREFULLY DISPOSE OF ANY SMOKING MATERIALS IN OUTDOOR GARBAGE CANS.

2. ADVANCE PAYMENT: Checks should be made payable to Villa Montagne and mailed to the business address. We must receive full payment of the rent due 30 days prior to arrival. Reservations made less than 30 days in advance of arrival require full payment at the time of reservation. Returned checks are subject to a $100 nsf fee. Visa and Master Card are also accepted.

3. DEPOSITS/FEES: Deposit to hold the reservation is 1/2 the cost of your stay. There is no additional fee for post-occupancy inspection, inventory and cleaning. There is a Refundable Security Deposit required, either by posting $500 credit charge or by check, that shall serve as a security & damage deposit. If necessary the deposit will be used for any excess cleaning beyond that expected from normal usage inside and outside, and for any damages resulting from your stay. If deposit made by check, it will be refunded within 2 weeks of vacancy.

4. CLEANING & LEAVING: Each property will be inspected, sanitized and cleaned before you arrive and after you depart. You are to leave the property in the same general condition that is was received, by making sure:

a) All personal belongings are collected and taken with you.
b) Dishes are done. Clean in the dishwasher is ok.
c) Kitchen trash and any food items that could spoil are put in trash cans in the garage.
c) The used sheets and towels are put in the laundry room.
d) If you do any of our laundry before you leave, be sure to put into dryer so it doesn't mildew.
e) Both upstairs and downstairs thermostats have been turned down to 50 degrees.
f) Guest log is signed with any comments you might have for other guests.
g) The home is generally picked up and ready to be vacuumed, dusted and sanitized.

5. IF ADDITIONAL CLEANING IS REQURIED AND HAS NOT BEEN RESERVED IN ADVANCE: Appropriate charges will be deducted from your security deposit or charged to your credit card at the rate of $30 per hour. We will contact you if this additional charge is necessary. Remember NO SMOKING inside Home, smoking waste products are NOT to be disposed of in any inside trashcan. They must be directly deposited in the Outside Garbage can. A charge of $1000 will be levied if this rule is broken as it means that all curtains & furnishing must be dry-cleaned.

6. CHECK-IN/CHECK-OUT: Directions or map, gate code and key safe code will be emailed to you one week prior to your arrival. Check-in time is 3:00 p.m. (PST). Check-out time is 12:00 p.m. (PST). You must notify us if you have a need to enter the property prior to 3pm of the first day of rental. A charge of $50/hr for late checkout will be deducted from security deposit unless previous arrangements have been made. Key(s) must be returned to the key safe else a $35.00 fee will be charged. Please assure that all doors, sliders, and windows are securely locked, lights and heat are turned off. The owners are not responsible for items left in the rental home, although we will attempt to return any item left if you contact us and are willing to pay for shipping.

7. TELEPHONES: Telephones are furnished for your convenience. Local calls are no charge. Long distance calls must be charged to your credit/charge card.

8. LINENS/TOWELS: We have attempted to furnish the house with fine quality linens and towels. To keep them nice the Bath towels are not to be used at the pool or spa, please use the older towels located in the laundry room. You will need to provide your own beach towels.

9. TERMS OF OCCUPANCY: The rented property is a private residence and you agree to indemnify the owner for any damage or loss to the property or its contents that occur during your stay. Violation of occupancy limits will result in the forfeiture of all monies and termination of occupancy. We reserve the right to inspect the property during your stay. Further you agree to abide by the rules and regulations of the community and refrain from any activity which interferes with the quiet enjoyment of its residents.

10. CANCELLATION, RESERVATION & PAYMENT POLICY: Payment for the full amount of the Reservation MUST BE RECEIVED 30 DAYS PRIOR TO ARRIVAL DATE or it may be cancelled. We understand that sometimes cancellations are unavoidable. Reservations cancelled more than 60 DAYS PRIOR TO ARRIVAL will have a full refund less a 5% cancellation fee. A check for the refund will be sent within 10 days of notification. Reservations cancelled after that time will receive a RESERVATION CERTIFICATE . We simply apply your deposit to a vacation at another, more convenient, time. No refunds will be made for early departures or if number in party decreases, although we are happy to credit extra days for a future reservation to offset an early departure. RESERVATION CERTIFICATEs that are paid for in low season can be booked in high season or any holiday period with a price adjustment.

IF THE GUEST NEEDS TO CANCEL A RESERVATION: Notice of this cancellation MUST BE IN WRITING (EMAIL or FAX) AND WILL BE CONFIRMED BACK TO THE GUEST, CANCELLATIONS WILL NOT BE PROCESSED BY PHONE. We encourage you to buy the Reservation Cancellation Insurance listed on the Guest Contract paragraph below, if you have any doubts about being able to make this reservation. That way you will get all your money back if you have to cancel.

CANCELLATION INSURANCE: To avoid having to pay for any of the above, please consider buying Guest Cancellation Insurance. Then, no mater what happens (almost) you will get your Reservation payment returned. Call the Lodging Protection Plan Insurance for full details at 1-800-554-9839.

11. NO REFUNDS DUE TO: Any inconvenience of an appliance not working or street construction noise or bad weather or any other unforseen circumstance. On the other hand If the home is not suitable for some justified reason, we the owners will do our best to accommodate you on another date. We have a maintenance person available and will endeavor to fix any problem within 24hrs, but there may be parts that have to be ordered that may delay this resolution. Just as in your own home, these events are a part of living in a home and we will do everything in our power to minimize their impact. The owners of Villa Montagne are not liable for inoperable hot tubs or failures of any equipment, systems, or appliances, as major repair problems cannot be forseen. Please notify us of any failure so repairs can be attempted immediately. (866) 614-6245

12. YOUR LIABILITY: You agree to accept liability for any damages caused to the property (other than normal wear and usage) by your guests, including, but not limited to, landscaping, watermarks or scarring of hardwood floors or furnishings, misuse of appliances, and/or equipment furnished. If damages are in excess of the security deposit or security wavier limit of $500, you hereby agree to reimburse the Owners for costs incurred to repair/replace damaged items.

13. HOLD HARMLESS: The Owners do not assume any liability for loss, damage or injury to you, your guests any personal property. Neither do we accept liability for any inconvenience arising from any temporary defects or stoppage in supply of water, gas, and electricity, plumbing or outside construction noises. Nor will the owners of Villa Montagne accept liability for any loss or damage caused by use of Homes equipment, street construction, adverse weather conditions, natural disasters, acts of God, or other reasons beyond its control. We do encourage you to purchase Lodging Insurance that will reimburse you if many of the above happen. Call the Lodging Protection Plan Insurance for full details at 1-800-554-9839.

14. WHAT IS SUPPLIED: Our home is equipped and set up as a fully furnished property that will include bedspreads, linens, blankets, pillows, bath towels (not beach towels), a full kitchen w/ dishes for twelve, 3 TVS & 2 DVDs, 2 VHS, CD/Stereo in living room, Billard table w/cue sticks, hair dryer, BBQ grill, and outdoor furniture. Although we have tried, our Home may not have all the items that you are accustomed to having in your own home, so if there is an item you are accustomed to using such as a special type of cooking utensil, etc. please bring them with you. There will be charges against your Security Deposit or Credit Card for replacement of any missing items from the Home. Please avoid accidentally packing our towels or hangers.

15. WHAT YOU SHOULD BRING: Items like favorite bath soaps, shampoos, conditioner, beach towels & other personal effects, favorite cooking items, jackets .

16. SLEEPING CAPACITY: The maximum number of guests who are allowed to stay overnight is designated on the reserveation. Do not think that this means that you can have guests staying in sleeping bags etc. It is defrauding a landlord to have more than the agreed number of guests stay overnight as they have the right to know how much usage will be placed on their facilities per reservation. Linens are provided for the number of overnight guests allowed. IF YOU ARE PLANNING ON HAVING FRIENDS VISIT during your stay, please discuss with us in advance. This home is remote, so having guests isn't an issue as long as arrangements are made in advance and your visitors abide by this contract.

17. PARKING: Please park in garage or on shoulder of gravel road near barn that does not obstruct emergency vehicle access. Avoid driving off paved driveway onto landscape or lawn areas as there are popup sprinklers that will be damaged, you don't want to pay for those!! If your car leaks oil, do not stop or park on the paved driveway as the oil gets tracked into the house and can ruin the limestone flooring.

PLEASE DRIVE SLOW (15MPH MAX) and CAREFULLY ON THE GRAVEL ROAD so you don't create potholes. Thankyou!!

18. PETS ARE PERMITTED OUTDOORS, in KENNELS, or BARN by previous arrangement when the reservation is made. An additional REFUNDABLE DAMAGE DEPOSIT IS REQUIRED FOR ALL PETS. (DOGS, CATS & HORSES) We understand pets are part of the family and that is why we do allow outdoor pets, or kennel trained dogs or cats. Horses are allowed in the BARN & arena area only, not on paved or landscaped areas. However, you MUST clean up after your pet. That includes properly disposing of all waste material. You must also maintain control of your pet. Any complaints from neighbors regarding excessive noise or other nuisances may be cause for immediate termination of the lease and forfeiture of the your entire security deposit. It has been noted by neighbors that some dogs are very unhappy when left in a strange place by their owners, so we ask you to test your dog by going away for a short time and listening to their reaction. If they are barking, please leave them in the barn, where they'll be less likely to disturb anyone else. ALSO BE ADVISED THERE ARE NO FENCES TO KEEP DOGS OR CATS CONTAINED, ONLY HORSE CORRALS. IF YOU LEAVE YOUR DOG OR CAT THEY MUST BE KENNELED IN OR KEPT IN A STALL IN THE BARN. IF OUR HOUSEKEEPER OR LANDSCAPER HAVE TO CLEAN UP PET WASTES THERE WILL BE A $100 CHARGE. Also, because we do allow pets, people with allergies should be aware of the fact.

19. HOT TUB, POOL & PATIOS: You hereby acknowledges that the property that you have reserved includes a hot tub and pool, and you and your guests are fully aware that the hot tub, pool, and surrounding patio/deck can be dangerous, that the deck/patio can be slippery when wet, and that injury is likely to occur to anyone who is not careful. Your and your guests must observe & adhere to all rules & policies as noted in this contract.

a) No running or horseplay around or in the Hot Tub or pool.
b) Do not stand or sit on the Hot Tub or Pool Cover. It will sag and collect rainwater thus destroying the cover.
c) Children under the age of 13 must not be allowed in the hot tub or pool without an adult nearby.
d) Extra cleaning charges will apply if water is excessively dirty or contaminated.
e) If the hot tub temperature is too hot, add cold water from the hose. If the hot tub is too cold, adjust the temp setting and wait an hour. If still cold, call us and we will help you over the phone or schedule maintenance. Please DO NOT TOUCH pool temperature setting, call us first if you would like to change. If the service rep discovers that the problem was due to you or your guest’s error the service call will be deducted from you deposit.
f) Be sure to close the Hot Tub and Pool Cover after use or when the adult supervisor leaves the area.
g) With full knowledge of the above facts and warnings, you the rentor(s) accept and assume all risks involved in or related to the use of the hot tub, pool, and other slippery areas.

20. VACATE & FORFITING RULES: You and all other guests will be required to vacate the premises and forfeit the rental fee and any security deposit for any of the following:

a) Occupancy exceeding the sleeping capacity stated on the reservation confirmation after 10PM.
b) Using the premises for any illegal activity.
c) Causing damage to the Home, landscape, or to any of the neighboring properties.
d) Pets running freely inside the home.
e) Any other acts which interferes with neighbors' right to quiet enjoyment of their property including any loud noises after 10 PM. Neighbors are not close, but a loud stereo would carry.

21. ADDITIONAL TERMS AND CONDITIONS: You, for yourself, your heirs, assignors, executors, and administrators, fully releases and discharges the owners of Villa Montagne from any and all claims, demands and causes of action by reason of any injury or whatever nature which has or have occurred, or may occur to the undersigned, or any of your guests as a result of, or in connection with the occupancy of the premises and agrees to hold the owners of Villa Montagne free and harmless of any claim or suit arising there from. In any action concerning the rights, duties or liabilities of the parties to this agreement, their principals, agents, successors or assignees of the prevailing party shall be entitled to recover reasonable attorney fees and costs.

AGREEING TO THIS CONTRACT IS REQUIRED TO SECURE YOUR RESERVATION AND WILL BE THE BINDING CONTRACT FOR YOUR STAY.