A Stone’s Throw Bungalow Terms of Service and Required Injury and Death Waiver
Welcome to Bend! Whether you are visiting for the first time or fiftieth time, we are happy to have you as our guest! Please review this Required Injury and Death Waiver, and Terms of Service for your reservation. When you place a deposit with A Stone’s Throw Bungalow LLC, by phone or electronically, you are agreeing to the waiver and terms of service. By submitting your reservation and receiving notices via email, you are communicating with us electronically. You are consenting to receive communication from us in return, electronically. You agree that all agreements, notices, disclosure, and other communications that A Stone’s Throw Bungalow LLC provides to you will electronically satisfy any legal requirement that such communication be in writing.Thank you again for choosing to stay with us!
INJURY AND DEATH WAIVER
I UNDERSTAND AND AGREE THAT AND RECREATIONAL OR SPORTING ACTIVITIES I CHOOSE TO UNDERTAKE (FOR EXAMPLE, BICYCLING, HOT TUB USE, ETC.) ARE STRICTLY VOLUNTARY AND INCLUDE A RISK OF BODILY INJURY OR DEATH. IF A MINOR WILL BE USING A BICYCLE OR SPORTING EQUIPMENT, I AM HIS/HER GUARDIAN/PARENT AND AM AUTHORIZED TO SIGN/CONSENT ON THE MINOR’S BEHALF. I AGREE THAT A STONE’S THROW BUNGALOW LLC SHALL NOT BE LIABLE FOR ANY CLAIM FOR LOSS OR INJURY TO ANY PERSON OR PROPERTY LOCATED ON THE PROPERTY SUBJECT TO THIS AGREEMENT EXCEPT FOR LOSS OR INJURY CAUSED BY MANAGER’S GROSS NEGLIGENCE OR WILLFUL MISCONDUCT.
TERMS OF THE AGREEMENT
- RENTALS DURING THE COVID-19 PANDEMIC – Reservations made after March 14, 2020 have been made with the knowledge that a global pandemic exists and is ongoing. There are inherent risks associated with travel during a pandemic. If you require travel insurance, you are responsible for purchasing travel insurance from the provider of your choice for your stay. All cancelations, including COVID-19 related cancelations, are subject to the Cancelation Policy. Please review the Cancelation Policy before reserving. The most current COVID-19 information is available at the State of Oregon and the City of Bend.
- CANCELATION POLICY – Please notify us in writing (text or email) of your cancelation. All bookings canceled at least 30 days before the start of the stay will receive a full refund. All bookings canceled at least 14 days before the start of the stay will receive a 50% refund. No refunds for cancelations with less than 14 days before the start of the stay. No refunds will be given for weather, atmospheric conditions, storms, road conditions or airport closures. Mountain roads can be curvy and steep. Please consult the Oregon Department of Transportation Highway conditions hotline for current conditions if you need more information prior to making your reservation: 1-800-977-6368 or www.tripcheck.com. We highly recommend travel insurance for your stay. Please purchase travel insurance from the provider of your choice for your trip. Your trip may be non-refundable without travel insurance. We are not able to make exceptions to the Cancelation Policy.
- PAYMENT – When your arrival is less than 30 days in the future, 100% payment is due when making the reservation. When your arrival is more than 30 days in the future, 50% payment is required to confirm your reservation. The remaining balance due will be collected 30 days prior to your check-in date. Every effort will be made to collect via credit card or echeck unless other arrangements have been made. You will receive an updated confirmation upon completion of your final payment. If payment is not received by the due date, A Stone’s Throw Bungalow LLC has the right to cancel the reservation without refund. We accept Visa, Mastercard, Discover and echecks at our online payment portal.
- CREDIT CARD REQUIRED – A valid credit card is required as a guarantee for your stay. The guest is responsible for following check-in and check-out procedures and leave the home in acceptable condition. The guest is responsible for replacement/repair costs for any damages, loss, breakage, excessive cleaning above and beyond normal wear and tear, rearrangement of furniture within the home or on the property. In the event of an of damages, loss, breakage, excessive cleaning, furniture moving or violation of this agreement, the guest understands and authorizes A Stone’s Throw Bungalow LLC to process required charges on the provided credit card.
- CHECK-IN/OUT TIMES are noted in your reservation materials. Early check-in and late check-out are not permitted without prior written permission during non holiday and non summer periods. A $50 per hour fee will apply to unauthorized early and late check-in and check-out. Early check in and late check out is not available during holiday periods and June thru September.
- NO SMOKING/VAPING PROPERTY – This is a NO SMOKING, NO VAPING home and property. Do not smoke or vape in the home or on the property. Your credit card will be charged $50 per hour with a 1 hour minimum for sanitizing, de-odorizing, and cleaning the effected areas.
- CITY OF BEND GOOD NEIGHBOR GUIDELINES – Please abide by City of Bend’s Good Neighbor Guidelines during your stay. They are available for review on our website and in the home. Failure to do so may result in forfeiture of your deposit, all rent payments and/or immediate removal from the premises. If you disturb the neighborhood peace, you will be charged a $200 penalty and be asked to vacate the property immediately without refund for the cost of your stay.
- PROHIBITED ITEMS – No firepits or open flames (such as candles) allowed on the property. NO banners, signs or flags may be displayed without written permission.
- QUIET HOURS 10PM to 7AM – City of Bend quiet hours are from 10pm to 7am and violators will be reported and subject to law enforcement. You will be charged $200 for disturbing the neighborhood peace and violators will be immediately reported and will be asked to vacate the premises without refund. Please be aware that voices may carry off back decks and patios into neighboring yards and homes, especially in the summer when windows may be open. Please keep your voices low and outdoor music sources turned off during these hours. These homes are in residential neighborhoods and NOT APPROPRIATE for loud or late parties/gatherings. These homes are designed for small groups coming to enjoy Bend’s neighborhood culture and lifestyle and are NOT ‘party houses’. If you have been approved to bring your pet, please control barking as this is also subject to quiet hour enforcement and peaceful enjoyment of the neighborhood. Thank you for respecting our neighbors. Please remember, you are a guest in a quiet residential neighborhood.
- PARKING -Please see your rental confirmation information for exact parking instructions. Please respect our neighbors and utilize the home’s designated parking areas in alleys, driveways and parking pads when provided. Curb parking, preferably along the property line of the home, is also available. Please observe 20mph speed limits on neighborhood streets and drive courteously. Neighbors are sensitive to aggressive driving and increased traffic in the neighborhood. Any illegally parked cars are subject to towing; applicable fines/towing fees and is the sole responsibility of the vehicle owner. Please remember, you are a guest in a quiet residential neighborhood.
- MAXIMUM OCCUPANCY– The maximum number of guests at/in the home is mandated by the City of Bend. No exceptions. No parties. Over occupancy gatherings at the home are not allowed. This may be grounds for immediate termination of your occupancy and forfeiture of your deposit and rent payments without refund. Children under 5 years old are not considered in the occupancy count per Deschutes County Code 5.12.020
- REPORT REPAIRS – We do our best to ensure that each home is fully functional when you arrive. Please contact us immediately at 541-241-6676 if you have problems with the home. There are no refunds issued to guests, as every effort is made to service a request.
- PETS – PETS ARE ONLY PERMITTED IN SELECT HOMES WITH PRIOR APPROVAL. A per night rental pet fee applies. All pets must be leashed, supervised or kenneled at all times. Prevent prolonged and excessive barking as this may be subject to noise ordinance violations. Pet owners are responsible for cleaning up of any/all pet refuse on the premises, including the front and backyards. All pet refuse must be deposited into the outside garbage can. In the event that our staff does this after you leave, you will be billed at the rate of $50 per hour with a one hour minimum. This will be charged to the credit card you provided. There are sheets provided for covering furniture, beds, etc. Please use them to minimize pet hair. Any evidence of pets on furniture may incur extra cleaning fees. It is the guest’s responsibility for keeping pets up to date on rabies vaccinations, all other vaccinations, heartworm preventive and appropriately managed for fleas and ticks. All items above are the sole responsibility of the pet owner. The homeowners assume no responsibility for illness or injury that may incur to pets or humans while on the premises.
- YARD MAINTENANCE – Provided weekly usually midday on Wednesday. Please contact us if you would like to know the exact schedule.
- HOT TUB – If provided, the guest agrees to use the hot tub at your own risk. If a hot tub is provided, servicing generally occurs on Tuesdays, Wednesdays and/or Fridays. Our maintenance crew will make every attempt to not disturb you during your stay. You may contact them for service during your stay. Contact information is posted within the home for your convenience. If a hot tub appears dirty, stop usage and contact us or our hot tub servicer immediately. Should we have to drain the hot tub after your stay because it is excessively dirty, filled with foreign matter, etc., a $100 cleaning fee will be assessed. Please shower prior to using the hot tub. When using any hot tub, remember there is a certain health risk. Use of the hot tub is at your own risk. Never leave children unattended in the vicinity of the hot tub. No pets are allowed in the hot tub at any time. Absolutely no shoes are to be worn in the hot tub. Absolutely no candles (floating or any type) are allowed on or in the hot tub. Hot tub covers are for insulation purposes only and are not designed to support a person or persons. Do not stand on hot tub covers. They may break and you may be charged for their replacement. Please do not add any products (soaps, bubbles, oils, etc.) to the hot tub water. If these items are used in the hot tub, an additional cleaning fee will be assessed. It is recommended that no jewelry is worn in the hot tub due to chlorine based chemicals used. The chemicals in hot tubs can also affect color treated hair and damage swimsuits. There will be no reduction in rental fees if the hot tub is unused or unavailable during the term of rental period. We do make every effort to insure the hot tub is available for all of our guests. The hot tub must be covered and secured when not it use. Neither A Stone’s Throw Bungalow LLC, staff or homeowners are responsible for injuries or damages resulting from using or being near the hot tub.
- RIVER SAFETY – The guest agrees to use river floating devices is at your own risk. If your reserved home is located adjacent to a water body, you are fully responsible for making sure everyone in their party is aware of potential dangers of the water. Please use precautionary measures to insure personal, group and pet safety. River floating toys are not personal floatation devices (PFD). Under Oregon law, all boats must carry a Coast Guard-approved PFD for every person onboard or being towed. Children under 12 must wear PFDs at all times on a moving boat, including inflatable rafts and kayaks. Neither A Stone’s Throw Bungalow LLC, staff or homeowners are responsible for injuries or damages resulting from use of river floating devices or your proximity to water.
- BIKES – The guest agrees to use the bicycles at your own risk. If bikes are provided, please use your helmet and lock up when you leave the bikes unattended. Please be safe on bikes and ride under control. Neither A Stone’s Throw Bungalow LLC, staff or homeowners are responsible for injuries or damages resulting from bike use.
- RATE CHANGES – Rates subject to change without notice.
- FALSIFIED RESERVATIONS – Any reservation obtained under false pretense will be subject to forfeiture of all payments and immediate eviction. Violation of any federal, state, county or city laws as well as policies stated in this agreement are grounds for immediate eviction without refund.
- WRITTEN EXCEPTIONS – Any exceptions to the above mentioned policies must be approved in writing in advance.
- LIABILITY RELEASE – A Stone’s Throw Bungalow LLC and the owners are not responsible for any accidents, injuries or illness that occurs while on the premises or its facilities. A Stone’s Throw Bungalow and the owners 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. Guests for themselves and their respective heirs, personal representatives, successors and assigns, hereby release A Stone’s Throw Bungalow LLC and their respective directors, owners of the property, officers, agents, employees, sureties, insurers, indemnitor, attorneys, successors and assigns from all claims, demands, or cause or thing whatsoever resulting from or in connection with the property of this rental contract, including without limitation any claim, demand or cause of action for personal injury or death and any and all loss, liability, cost and expense resulting from any claim, demand, suit or cause of action which may be asserted.
- HOME UNAVAILABILITY – A Stone’s Throw Bungalow LLC unilaterally and at its sole discretion reserves the right to change or cancel the reservation for any reason with refunds made accordingly, in the event this property becomes unavailable for rent. A Stone’s Throw Bungalow agrees to use best efforts to secure an equivalent rental property. If this is not possible, A Stone’s Throw Bungalow reserves the right to cancel this reservation and return all monies to the guest.
- ARBITRATION – Guests and A Stone’s Throw Bungalow LLC agree that all claims, disputes or other controversies arising out of this Agreement or related thereto, shall be settled by and subject to private arbitration. The decision of the arbitrator shall be final and binding.
- ATTORNEY FEES – In the event of any disputes between the parties, including any activities necessary for collection purposes shall result in the payment of attorney fees incurred therein. In any arbitration, the prevailing party shall be awarded its reasonable attorney fees.
- LEGAL – This Agreement shall be governed by and interpreted in accordance with the laws of the State of Oregon.
- ENTIRE AGREEMENT – The foregoing constitutes the entire agreement between the parties and may be modified only in writing and signed by all parties. Each section, subsection or paragraph of this Agreement shall be deemed severable. If for any reason any portion of this Agreement is unenforceable, that portion shall not affect the applicability of validity of any other portion of this Agreement. This agreement and any modifications, including photocopies or facsimiles, 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 guest, all guests are jointly and severally liable under this agreement.
Thank you for choosing to stay with us. Please let us know if we can be of any assistance!
We are an equal opportunity provider of short term rental housing