For good and valuable consideration, it is agreed between Lookout Mountain Chalet LLC (landlord), managed by Lookout Mountain Chalet LLC (property manager) and Adirondack Vacation LLC and Guest as follows:
1.Guest responsible for this Rental Agreement must be 21 years of age or older, affirms age by entering into this agreement and must be one of the people staying at the rental property for the entire rental period.
2.Property Manager/Landlord hereby rents to Guest the premises described as follows for the dates secured through the online booking and as reflected on the receipt provided to Guest.
3.Check-in is no earlier than 4:00 PM on the date the rental starts, and Check-out is no later than 10:00 AM on the date the rental is completed.
Please note that Property Manager/Landlord strictly enforces this rule for the enjoyment of all Guests, as our cleaning team can get the house ready for the next check-in.
4.Guest is responsible for the conduct of all other Guests and tenants and responsible for their actions in following this agreement. The Property Manager/Landlord may hold Guest responsible for Guest’s other Guests, tenants and invitees to the property in the event of damage, negligence, gross negligence or intentional acts which damage the premises or create situations of liability. Guest agrees to defend and indemnify property manager/Tenant for any conditions created by Guest, other guests, Tenants, and Invitees the property which are attributable to wholly or in part to actions or inactions of Guest, other guests, Tenants, and Invitees. AGREEMENT DATE: Date that booking is secured by deposit/payment online Final payment due by: 35 days before start of rental, the card used to make your initial deposit will automatically be charged.
** PLEASE LEAVE OUR HOME IN GREAT CONDITION **
Our home sleeps 16 Guests - 12 Guests comfortably in beds plus 2 foam mattresses to sleep 4 additional Guests. Maximum capacity: 16
Rates published at the website assume no more than the maximum capacity at each home. At no time may Guest have more than the maximum capacity posted for that home. If at any time management becomes aware of more persons than the maximum capacity staying in the home, this will be considered a material breach of this agreement and Guests will be subject to immediate removal from the home, forfeit their rental payments and otherwise agree that they
will have no further rights, claims or causes of action against the landlord/owner. Reservation is secured when Tenant makes payment online. Upon receipt of final payment, Guest will be emailed a copy of receipt, along with directions to the chalet. If the Guest made their initial inquiry through a major vacation rental website, the Guest is required to complete the booking process through the originating vacation rental website. If the Guest does not adhere to this requirement, a major vacation rental website will charge Property Manager/Landlord 10% of the rental price. If this happens, Property Manager/Landlord will in turn charge this fee to the Guest and the Guest has 24 hours to pay this fee to Property Manager/Landlord or the reservation will be canceled with no money refunded.
1.Guest shall at their own expense provide the following utilities or services: Food, firewood for outdoor fire pit and anything else not specifically provided herein. The following items are minimally supplied (only enough to get you started): toilet paper, paper towels, dish & laundry soap. The Property Manager/Landlord does not supply shampoo, body soaps, or spices for the kitchen. Property Manager/Landlord shall at their expense provide the
following utilities or services: Heat, Electricity, Hot & Cold Water, Linens, Towels, air conditioners for bedrooms (excluding bedrooms located in lower level, basement walkout) and living room from June 1st to September 15th.
2.Guest further agrees that:
a)Upon last morning of rental period, Guest shall leave key(s) on kitchen counter.
b)Upon the expiration of the Rental they shall return possession of the rented premises in its present condition, reasonable wear and tear. Furniture and appliances shall not be moved without permission. Guest shall commit no waste to the leased premises.
c)Guest shall not assign or sublet said premises or allow any other person to occupy the leased premises without Property Manager/Landlord's prior written consent. Guest shall at no time have more than the maximum capacity posted for that home in their party sleeping at the chalet, or regularly taking meals at the chalet. If management determines that more than the maximum capacity is staying at the chalet, Guest will be asked to leave and escorted off the premises by Management and will forfeit all rental fees paid.
d)Guest shall not make any material or structural alterations to the leased premises without Property Manager/Landlord's prior written consent.
e)Guest shall comply with all building, zoning and health codes and other applicable laws for the use of said leased premises.
f)Guest shall not conduct on premises any activity deemed extra hazardous, or a nuisance.
g)Guest shall not drive or park on any portion of the yard.
h)Guest shall not have more than 3 dogs on the property unless prior authorization is obtained from the Property Manager/landlord. No cats are ever allowed. Bringing any other animal will be considered a material breach of this agreement and Guests will be subject to immediate removal from the home, forfeit their rental payments and otherwise agree that they will have no further rights, claims or causes of action against the Property Manager/landlord.
i)Whomever agrees to the lease terms must be at the property during the entire vacation period.
j)Guest shall not dispose of anything other than septic safe toilet paper into the toilet. The house has a septic tank and disposing of anything other than septic safe toilet may cause the septic to back up. If this happens, the renter is responsible for the cost of all costs associated with this violation of this clause. If guest has obtained approval to hold a wedding or event at the house, the guest is required to rent a portable john/toilets for attendees to use. The guest must also arrange for the trash company to pick up the extra bags of trash. The renter may call the owner/property manager for vendor suggestions.
k) Guest's shall comply with all New York State COVID travel and gathering guidelines.
3.Guests must adhere to the following:
a)Guest shall not touch any controls behind the fireplace screen other than the wall timer control. Guest is responsible for any repair costs and the cost of the repairman if they are called to the house due to a violation of this clause.
b)When you arrive, the hot tub water temperature may be tepid. This happens when the caretaker changes the water prior to your arrival. It may take up to 7 hours to reach 104 degrees. Use hot tub and sauna at your own risk. No one under the age of 18 is allowed in the hot tub without strict supervision. Shower before each use of the hot tub and keep water level 4" above the highest air jet. If the waterline is below the jets the heater to the hot tub will break. Use a bucket or cooking pot to fill using water from the kitchen. If the heater is damaged as a result of a low water line, then the Guest will be charged for the damage. Guests shall not have more than 5 persons in the hot tub at a time. Do not sit, stand, or put anything on top of hot tub cover. In addition to servicing the hot tub before your stay, a hot tub technician may stop by during your stay to inspect and/or service the hot tub for regular maintenance. This contract allows him/her to perform this service if it happens to be scheduled during your stay. Because of the chemicals used to treat the hot tub, we recommend that you shower after using the hot tub. Although the chemicals are approved and safe to use, it may adversely affect people with sensitive skin.
c)Guests shall separate and sort trash: recyclables (glass, tin, metal and plastic) shall not be mixed with redeemables (beer, soda cans and bottles), neither of these two will be mixed with general trash.
d)Guests shall not allow any pets in house, except house trained, well socialized dogs. You are responsible for any damage incurred by your pet. Please crate your dog if they are anxious when you are not in the rental. Guests with dogs shall bring a bed sheet with which to cover the couch, must vacuum entire house, remove pet hair from furniture, and pick up any pet waste before departure.
e)Smoking inside the chalet is absolutely forbidden, as is dropping of cigarette butts outside. Please dispose of your cigarette butts in a safe manner.
f)Before checking out on the last day, Guests must put all dirty dishes in dishwasher and start it.
g)Guest shall not use any propane cooking grills. A charcoal grill is provided outside of home. Charcoal briquettes to be provided by Guest.
h)Before an outdoor fire is lit in the designated fire pit, it is the Guest’s responsibility to check the current status to see if there is a moratorium on outdoor fires. Call the Wilmington Fire Dept. 518-946-7187, Wilmington Town Hall 518-946-7174, or the Wilmington Region Visitor Center 518-946-2255 for information. Regardless of any approval from any governmental, municipal or quasi-governmental or municipal body, Guest is responsible for fires set in the outdoor fire pit, shall not leave fires unattended, shall not permit fires to be uncontrolled, shall make sure water is available to put a fire out and agrees s/he is responsible any and all damages and injuries caused by fires set in the outdoor fire pit.
i)Guests must take good care of the rented premises, and all equipment and fixtures contained therein. Guest agrees to inform Property Manager/of any issues at the chalet, involving furniture, plumbing, electrical, appliances or amenities, such as hot tub or sauna, when they occur, and Property Manager/ will make every effort to fix the issue in a timely manner. Guest is liable for damages caused by his or her acts or neglect and
any acts and neglect of his family, invitees or Guests. If Guest fails to report a needed repair or replacement, Property Manager/Landlord will repair and invoice Guest for payment.
j)Guests must allow entry of contractors or maintenance crew to do minor maintenance of appliances such as hot water heater, install or remove a/c units, repair as needed. The owner will provide 24-hour notice unless it’s an emergency.
k)Non-Refundable Damage Protection Fee –The Damage Protection Fee is non-refundable and covers accidental damages to furniture, appliances, electronic devices, windows, doors, and any resource of the home up to $1,500. If damages exceed $1,500 for repair or replacement value, Guests agree to cover the difference. Acts of neglect or irresponsibility are not covered. Damage from pets is not covered and is to be paid separately.
l)Property Manager/Landlord is not responsible for injuries suffered by Guests at chalet property, which involve walking, swimming, wildlife, etc., or the use of cabin facilities. Property Manager/Landlord is not responsible for injuries suffered by Guests through any and all activities, such as horseback riding, skiing, etc., or acts of nature.
m)Property Manager/Landlord is not responsible for damage to, or immobility of automobiles or trucks parking, parked, or arriving or leaving at the chalet. Guest understands that they drive vehicles to and from the chalet at their own risk.
n)Winter in the Adirondacks is filled with naturally occurring conditions, like snow, ice, and sleet. Be careful and cautious. The Property Manager/Landlord is not responsible for injury due to icy steps, walkways, driveways, or falling icicles and/or snow. In winter months, Guest shall be aware of possible icy/snowy conditions, especially taking care not to stand under overhanging roofs where icicles and/or snow may fall. Guest is
responsible for snow removal on steps of property and sanding the property to assure safety of Guest, his/her invitees, fellow Guests and tenants. Sand is provided by the Property Manager/Landlord for Guest’s use, but it is the responsibility of Guest to notify Property Manager/Landlord if Guest is out of sand. The Property Manager/Landlord has engaged a plowing contractor to plow the driveway when five or more inches of snowfall, but there is not a set time for response by the plowing contractor to attend to the driveway.
o)Noise ordinance: Wilmington enforces a strict noise ordinance after 10:00 pm for which you must adhere.
p)Fireworks are strictly forbidden. It is the law.
q)Cutting of any trees, bushes, or any vegetation is strictly forbidden.
r)Chalet provides basic cable TV, DSL high speed internet access, and local telephone service and 911 calls only. Long distance is not available; however, if Wi-Fi is working, Guest can use phone over Wi-Fi (example: Facebook messenger). If any of these services are not working the Guest will notify Property Manager/. The internet, phone, or cable provider may not be able to fix the problem immediately. This does not constitute a
reduction in rental fee. Guest also acknowledges that his/her cell service may or may not have a strong enough signal to make or receive calls or text messages. If Guests use the television to connect personal devices (phones, gaming equip, etc.) Guests must put all cables back where they were and make sure tv is operating correctly before departure.
s)In the event amenities, such as hot tub, sauna, gas fireplace, TVs/stereos, steam bath, appliances, etc. are not working due to service issues or damage and abuse does not constitute any reduction in rental fee.
t)In the event of any breach of this Lease, Property Manager/Landlord shall have full rights to terminate this Lease in accordance with state law and re-enter and re-claim possession of the leased premises, in addition to such other remedies available to Property Manager/Landlord arising from said breach.
u)This agreement shall be interpreted under New York law.
v)Any litigation under this agreement shall be commenced in either the Wilmington Town Court, the Essex County Court (New York) or the Essex County Supreme Court (New York) as the venues of choice, based on the amount of damages in controversy.
w)In the event that any provisions of this agreement are deemed unenforceable, this finding shall not cause the contract to be unenforceable and the provisions shall be severable.
x)Nothing in this agreement shall be deemed to limit the remedies or claims of the Property Manager/Landlord.
y)The prevailing party in any dispute or litigation shall be entitled to reasonable attorney’s fees, costs of collection, filing fees, related costs and expenditures and other reasonable costs of litigation or contemplated or pre-litigation matters.
z)Occasionally, and very rarely, there are power outages in the local area, if this happens each home has a generator which shall only be turned on by our housekeeping or maintenance team. Given the generator and panel is working properly, the generator provides limited power to the homes and at the maximum will run the refrigerator, heating system (not the water heater), provide electric for one light and one plug. It will keep things minimally powered until power is restored. Generally, the power is restored in a few hours. Property Manager/ is not responsible for power supply to the house. Loss of power from outages does not constitute any reduction in rental fees. The maintenance team will power up the generator as soon as conditions allow.
4.This rental agreement applies to all of the following properties:
Whiteface Mountain Chalet – 11 Abbey Way, Wilmington, NY 12997
Sleeps 12 Guests comfortably in beds – has 2 foam mattresses to sleep 4 additional Guests Maximum capacity: 16
You recognize and agree that the property manager/landlord shall have the sole authority to cancel the reservation and rental/visit with a full refund of any monies previously paid for any reason whatsoever at the sole discretion of the property manager/landlord not less than 30 days before the rental/visit is scheduled to begin, including in the event that the property is under contract to be sold.
This Lease shall be binding upon and inure to the benefit of the parties, their successors, assigns and personal representatives.
Property Manager/Landlord highly recommends travel insurance. Our clients use companies like CSA or Rental Guardian to protect them for any cancellation they need to make due to adverse weather conditions, death in family, etc. It's up to you to get insurance.
Note: You must abide by the cancellation policy as stated on the online site you originally booked this property. This cancellation policy refers to direct bookings made through our website and bookings made via VRBO. Bookings canceled at least 60 days before the start of the stay will receive a full refund less a $50 cancellation fee. If a booking is canceled or changed less than 60 days before the start of the stay, then no refund is provided
Property Manager/Landlord may be reached by phone at 518.524.7335 or via email at firstname.lastname@example.org